- (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, within the scope of his authority and in accordance with this Act, by the donee of a lasting power of attorney granted by P (or, if there is more than one donee, by any of them).
(5) The authority conferred on a deputy is subject to the provisions of this Act and, in particular, sections 3 (the 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 him 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 he ––
- (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 he authorises another person to do any of those things.
PART VI
EXCLUDED DECISIONS AND DECLARATORY PROVISIONS
Excluded decisions
26. Nothing in this Act permits a decision on any of the following matters to be made on behalf of a person:
