MCA s4B text

Deprivation of liberty necessary for life-sustaining treatment etc

[4B.—(1) If the following conditions are met, D is authorised to deprive P of his liberty while a decision as respects any relevant issue is sought from the court.

(2) The first condition is that there is a question about whether D is authorised to deprive P of his liberty under section 4A.

(3) The second condition is that the deprivation of liberty—

(a) is wholly or partly for the purpose of—
(i) giving P life-sustaining treatment, or
(ii) doing any vital act, or
(b) consists wholly or partly of—
(i) giving P life-sustaining treatment, or
(ii) doing any vital act.

(4) The third condition is that the deprivation of liberty is necessary in order to—

(a) give the life-sustaining treatment, or
(b) do the vital act.

(5) A vital act is any act which the person doing it reasonably believes to be necessary to prevent a serious deterioration in P’s condition.][1]

Amendments