Mental Capacity Act 2005, Cross Heading: The no refusals requirement is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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 )
18E+WThe relevant person meets the no refusals requirement unless there is a refusal within the meaning of paragraph 19 or 20.
19(1)There is a refusal if these conditions are met—E+W
(a)the relevant person has made an advance decision;
(b)the advance decision is valid;
(c)the advance decision is applicable to some or all of the relevant treatment.
(2)Expressions used in this paragraph and any of sections 24, 25 or 26 have the same meaning in this paragraph as in that section.
20(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.]
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