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← Mental Capacity Act 2005

Mental Capacity Act 2005 s 4B

Mental Capacity Act 2005 s 4B

s 4B Deprivation of liberty necessary for life-sustaining treatment etc

(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.

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