MCA 2005 s4B
Mental Capacity Act 2005
(as amended)
Law as at 1/5/09
Part I contents: 1, 2, 3, 4, 4A, 4B, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 16A, 17, 18, 19, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 39A, 39B, 39C, 39D, 39E, 40, 41, 42, 43, 44
Without commentary: Plain text, Legislation.gov.uk
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