# Mental Capacity Act 2005, Section 4B: Deprivation of liberty necessary for life-sustaining treatment etc


(1) If the following conditions are met, D is authorised to deprive P of his liberty while a decision as respects any relevant issue is sought from the court.
(2) The first condition is that there is a question about whether D is authorised to deprive P of his liberty under section 4A.
(3) The second condition is that the deprivation of liberty—
(a) is wholly or partly for the purpose of—
(i) giving P life-sustaining treatment, or
(ii) doing any vital act, or
(b) consists wholly or partly of—
(i) giving P life-sustaining treatment, or
(ii) doing any vital act.
(4) The third condition is that the deprivation of liberty is necessary in order to—
(a) give the life-sustaining treatment, or
(b) do the vital act.
(5) A vital act is any act which the person doing it reasonably believes to be necessary to prevent a serious deterioration in P's condition.

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Source: https://www.legislation.gov.uk/ukpga/2005/9/section/4B (the official version)
Page: https://openlegislation.uk/mental-capacity-act-2005/section-4B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

