# Mental Capacity Act 2005, Paragraph 5


(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.

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Source: https://www.legislation.gov.uk/ukpga/2005/9/schedule/1A/paragraph/5 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-2005/schedule-1A/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.