[F15(1)This paragraph applies in cases D and E in the table in paragraph 2.E+W
(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.]
Textual Amendments
F1Sch. 1A omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 2 para. 2(c)