s 25 Restrictions on deputies
25.—(1) A deputy does not have power to make a decision on behalf of P in relation to a matter if the deputy knows or has reasonable grounds for believing that P has capacity in relation to the matter. (2) Nothing in section 20(5) or 22 permits a deputy to be given power —(a) to prohibit a named person from having contact with P; or (b) to direct a person responsible for P’s health care to allow a different person to take over that responsibility. (3) A deputy may not be given powers with respect to —(a) the disposition of P’s property by making gifts; (b) the making, on P’s behalf, of any nomination under section 132(2) or 133(2) of the Insurance Act 1966; (c) where any nomination under section 132(2) or 133(2) of the Insurance Act 1966 has been made by P or by the court on P’s behalf, the revoking, on P’s behalf, of that nomination under section 132(7) or 133(4) (as the case may be) of that Act; (d) the execution for P of a will; (e) the executing under section 15(6A) or 25(1) of the Central Provident Fund Act 1953, on P’s behalf, of any memorandum under section 25(1) of that Act; (f) where any such memorandum has been executed, or any nomination has been made under section 25(1) of that Act, by P or by the court on P’s behalf, the revoking, on P’s behalf, of that memorandum or nomination, as the case may be; or (g) the carrying out or continuation of —(i) life-sustaining treatment on P, whether or not amounting to extraordinary life-sustaining treatment within the meaning of section 2 of the Advance Medical Directive Act 1996; or (ii) any other treatment on P which a person providing health care reasonably believes is necessary to prevent a serious deterioration in P’s condition. (4) A deputy may not be given power to make a decision on behalf of P which is inconsistent with a decision made by the donee of a lasting power of attorney granted by P (or, if there is more than one donee, by any of them) that is within the scope of the donee’s authority and in accordance with this Act. (5) The authority conferred on a deputy is subject to the provisions of this Act and, in particular, sections 3 (principles) and 6 (best interests). (6) A deputy may not do an act that is intended to restrain P unless 4 conditions are satisfied. (7) The first condition is that, in doing the act, the deputy is acting within the scope of an authority expressly conferred on the deputy by the court. (8) The second condition is that P lacks, or the deputy reasonably believes that P lacks, capacity in relation to the matter in question. (9) The third condition is that the deputy reasonably believes that it is necessary to do the act in order to prevent harm to P. (10) The fourth condition is that the act is a proportionate response to —(a) the likelihood of P’s suffering harm; or (b) the seriousness of that harm. (11) For the purposes of this section, a deputy restrains P if the deputy —(a) uses, or threatens to use, force to secure the doing of an act which P resists; or (b) restricts P’s liberty of movement, whether or not P resists, or if the deputy authorises another person to do any of those things.