Page:Mental Capacity Act 2008.pdf/21

22 :(a) has behaved, or is behaving, in a way that contravenes the authority conferred on him by the court or is not in P’s best interests; or
 * (b) proposes to behave in a way that would contravene that authority or would not be in P’s best interests.

Powers to make decisions and appoint deputies: minors

21.—(1) Subject to subsection (2), the powers under section 20 as respects any matter may be exercised even though P has not attained the age of 21 years, if the court considers it likely that P will still lack capacity to make decisions in respect of that matter when he attains the age of 21 years.

(2) When deciding whether it is in P’s best interests to appoint a deputy to make decisions on P’s behalf, the court must have regard (in addition to the matters mentioned in section 20) to the principle that an appointment of the parents or guardian of P as deputy is to be preferred to the appointment of any other person as deputy.

Section 20 powers: personal welfare

22.—(1) The powers under section 20 as respects P’s personal welfare include—
 * (a) deciding where P is to live;
 * (b) deciding what contact, if any, P is to have with any specified person;
 * (c) making an order prohibiting a named person from having contact with P;
 * (d) subject to subsection (3), giving or refusing consent to the carrying out or continuation of a treatment (including the conduct of a clinical trial) by a person providing health care for P;
 * (e) giving a direction that a person responsible for P’s health care allow a different person to take over that responsibility.

(2) Subsection (1) is—
 * (a) subject to section 25 (restrictions on deputies); and