{
  "url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-109",
  "json_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-109.json",
  "legislation": "nia/2016/18",
  "legislation_title": "Mental Capacity Act (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016",
  "path": "section/109",
  "kind": "section",
  "number": "109",
  "heading": "Reliance on authority of attorney in relation to treatment etc",
  "text": "(1) This section applies if—\n(a) an instrument has been registered under Schedule 4 as a lasting power of attorney granted by a person (“P”);\n(b) another person (“D”) does an act in connection with the care, treatment or personal welfare of P;\n(c) D does the act with the consent of a person (“A”) purporting to be an attorney under a lasting power of attorney granted by P; and\n(d) either A is not such an attorney, or it is not within the scope of A's authority to consent in relation to the matter in question.\n(2) If—\n(a) before doing the act, D takes reasonable steps to establish whether—\n(i) A is an attorney under a lasting power of attorney granted by P, and\n(ii) it is within the scope of A's authority to consent in relation to the matter in question, and\n(b) when doing the act, D reasonably believes that A is such an attorney and has authority to consent in relation to the matter,\nD does not incur any liability in relation to the act because A was not such an attorney or, as the case may be, did not have such authority.",
  "extent": null,
  "status": "prospective",
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2016/18/section/109",
    "retrieved_at": "2026-10-29T20:19:54.781348+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}