Mental Capacity Act (Northern Ireland) 2016

Reliance on authority of attorney in relation to treatment etc

109.—(1) This section applies if—

(a) an instrument has been registered under Schedule 4 as a lasting power of attorney granted by 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 (“A”) purporting to be an attorney under a lasting power of attorney granted by P; and

(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.

(2) If—

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

(i) A is an attorney under a lasting power of attorney granted by P, and

(ii) it is within the scope of A’s authority to consent in relation to the matter in question, and

(b) when doing the act, D reasonably believes that A is such an attorney and has authority to consent in relation to the matter,

D 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.