MCA fluctuating capacity on assessment

I enquired about why the fluctuating mark on the MCA assessment form is grey'd out and we cannot use it. PCS said it was to do with legislation and sent me a link- on opening it it was to do with court of protection. I want the fluctuating to be bought back to ensure that my assessment is truthful and accurate. It is not always black and white (Yes or No) It makes a real difference with fluctuating and the Mental Capacity Act mentions fluctuating capacity in its term and I believe we should be able to record this correctly.