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.