C1Part 1Persons who lack capacity
Preliminary
5Acts in connection with care or treatment
1
If a person (“D”) does an act in connection with the care or treatment of another person (“P”), the act is one to which this section applies if—
a
before doing the act, D takes reasonable steps to establish whether P lacks capacity in relation to the matter in question, and
b
when doing the act, D reasonably believes—
i
that P lacks capacity in relation to the matter, and
ii
that it will be in P's best interests for the act to be done.
2
D does not incur any liability in relation to the act that he would not have incurred if P—
a
had had capacity to consent in relation to the matter, and
b
had consented to D's doing the act.
3
Nothing in this section excludes a person's civil liability for loss or damage, or his criminal liability, resulting from his negligence in doing the act.
4
Nothing in this section affects the operation of sections 24 to 26 (advance decisions to refuse treatment).
Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)