Paragraph 5 F1

(1)

This paragraph applies in cases D and E in the table in paragraph 2.

(2)

P is ineligible if the following conditions are met.

(3)

The first condition is that the relevant instrument authorises P to be a mental health patient.

(4)

The second condition is that P objects—

(a)

to being a mental health patient, or

(b)

to being given some or all of the mental health treatment.

(5)

The third condition is that a donee or deputy has not made a valid decision to consent to each matter to which P objects.

(6)

In determining whether or not P objects to something, regard must be had to all the circumstances (so far as they are reasonably ascertainable), including the following—

(a)

P's behaviour;

(b)

P's wishes and feelings;

(c)

P's views, beliefs and values.

(7)

But regard is to be had to circumstances from the past only so far as it is still appropriate to have regard to them.

Annotations

Textual amendments

F1: Sch. 1A inserted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 8 (with s. 50(8)-(13)); S.I. 2009/139, art. 2(d) (with art. 3)