[F120(1)There is a refusal if it would be in conflict with a valid decision of a donee or deputy for the relevant person to be accommodated in the relevant hospital or care home for the purpose of receiving some or all of the relevant care or treatment—E+W
(a)in circumstances which amount to deprivation of the person's liberty, or
(b)at all.
(2)A donee is a donee of a lasting power of attorney granted by the relevant person.
(3)A decision of a donee or deputy is valid if it is made—
(a)within the scope of his authority as donee or deputy, and
(b)in accordance with Part 1 of this Act.]
Textual Amendments
F1 Sch. A1 inserted (1.4.2008 for certain purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12) , ss. 50 , 56 , Sch. 7 ; S.I. 2008/745 , art. 4(a) ; S.I. 2009/139 , art. 2(c) (with art. 3 , Sch. paras. 3 , 4 )