Mental Capacity Act 2005, Section 5 is up to date with all changes known to be in force on or before 13 May 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.
(1)If a person (“D”) does an act in connection with the care or treatment of another person (“P”), the act is one to which this section applies if—
(a)before doing the act, D takes reasonable steps to establish whether P lacks capacity in relation to the matter in question, and
(b)when doing the act, D reasonably believes—
(i)that P lacks capacity in relation to the matter, and
(ii)that it will be in P's best interests for the act to be done.
(2)D does not incur any liability in relation to the act that he would not have incurred if P—
(a)had had capacity to consent in relation to the matter, and
(b)had consented to D's doing the act.
(3)Nothing in this section excludes a person's civil liability for loss or damage, or his criminal liability, resulting from his negligence in doing the act.
(4)Nothing in this section affects the operation of sections 24 to 26 (advance decisions to refuse treatment).
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