Section 118 Reliance on authority of deputy in relation to treatment etc

Not yet in force

(1)

This section applies if—

(a)

an order has been made under section 113(2)(b) appointing a deputy for a person (“P”);

(b)

another person (“D”) does an act in connection with the care, treatment or personal welfare of P;

(c)

D does the act with the consent of a person (“C”) purporting to be P's deputy; and

(d)

either C is not P's deputy, or it is not within the scope of C's authority to consent in relation to the matter in question.

(2)

If—

(a)

before doing the act, D takes reasonable steps to establish whether—

(i)

C is P's deputy, and

(ii)

it is within the scope of C's authority to consent in relation to the matter in question, and

(b)

when doing the act, D reasonably believes that C is P's deputy and has authority to consent in relation to the matter,

D does not incur any liability in relation to the act because C was not P's deputy or (as the case may be) did not have such authority.