Page:Mental Capacity Act 2008.pdf/14

Rh (5) For the purposes of this section, the donee 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.

(6) Subject to subsection (8), where a lasting power of attorney authorises the donee (or, if more than one, any of them) to make decisions about P’s personal welfare, the authority extends to giving or refusing consent to the carrying out or continuation of a treatment by a person providing health care for P if, and only if, the instrument contains express provision to that effect.

(7) For the purposes of subsection (6), treatment, in relation to P, includes the conduct of a clinical trial on P.

(8) Notwithstanding anything in the lasting power of attorney, a donee authorised to make decisions about P’s personal welfare may not make any decision with respect to the carrying out or continuation of—
 * (a) 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 (Cap. 4A); or
 * (b) any other treatment on P which a person providing health care reasonably believes is necessary to prevent a serious deterioration in P’s condition.

(9) Notwithstanding anything in the lasting power of attorney, a donee authorised to make decisions about P’s property and affairs may not execute a will for P.

(10) Notwithstanding any other provision of this Act, a person dealing with a donee in matters relating to P’s property may require the donee to produce a certificate from a registered medical practitioner stating that P’s lack of capacity is likely to be permanent, and if the donee fails to produce such certificate, the person may refuse to accept the donee’s authority to make decisions for P in such matters.

(11) This section is without prejudice to any other power conferred on a donee of a lasting power of attorney under any other written law.