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Mental Capacity Act 2005

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[F1Interested personsE+W

185Each of the following is an interested person—E+W

(a)the relevant person's spouse or civil partner;

(b)where the relevant person and another person of the opposite sex are not married to each other but are living together as husband and wife: the other person;

(c)where the relevant person and another person of the same sex are not civil partners of each other but are living together as if they were civil partners: the other person;

(d)the relevant person's children and step-children;

(e)the relevant person's parents and step-parents;

(f)the relevant person's brothers and sisters, half-brothers and half-sisters, and stepbrothers and stepsisters;

(g)the relevant person's grandparents;

(h)a deputy appointed for the relevant person by the court;

(i)a donee of a lasting power of attorney granted by the relevant person.

186(1)An interested person consulted by the best interests assessor is any person whose name is stated in the relevant best interests assessment in accordance with paragraph 40 (interested persons whom the assessor consulted in carrying out the assessment).E+W

(2)The relevant best interests assessment is the most recent best interests assessment carried out in connection with the standard authorisation in question (whether the assessment was carried out under Part 4 or Part 8).

187Where this Schedule imposes on a person a duty towards an interested person, the duty does not apply if the person on whom the duty is imposed—E+W

(a)is not aware of the interested person's identity or of a way of contacting him, and

(b)cannot reasonably ascertain it.

188The following table contains an index of provisions defining or otherwise explaining expressions used in this Schedule—E+W

age assessmentparagraph 34
age requirementparagraph 13
age review assessmentparagraph 112(3)
appointment regulationsparagraph 138
assessment under this Scheduleparagraph 127
assessor (except in Part 9)paragraph 33
assessor (in Part 9)paragraphs 33 and 128
authorisation under this Scheduleparagraph 10
best interests (determination of)section 4
best interests assessmentparagraph 38
best interests requirementparagraph 16
best interests review assessmentparagraph 112(6)
care homeparagraph 178
change of reason groundparagraph 106
complete (in relation to a review of a standard authorisation)paragraph 118
deprivation of a person's libertysection 64(5) and (6)
deputysection 16(2)(b)
detained residentparagraph 6
disposed of (in relation to a request for a standard authorisation)paragraph 66
eligibility assessmentparagraph 46
eligibility requirementparagraph 17
eligibility review assessmentparagraph 112(7)
eligible person (in relation to paragraphs 68 to 73)paragraph 68
eligible person (in relation to Part 8)paragraph 102(3)
expiry (in relation to an existing authorisation)paragraph 125(b)
existing authorisation (in Part 8)paragraph 125(a)
hospitalparagraph 175
IMCAparagraph 158
in force (in relation to a standard authorisation)paragraphs 63 and 64
in force (in relation to an urgent authorisation)paragraphs 88 and 89
ineligible (in relation to the eligibility requirement)Schedule 1A
interested personparagraph 185
interested person consulted by the best interests assessorparagraph 186
lack of capacitysection 2
lasting power of attorneysection 9
managing authority (in relation to a care home)paragraph 179
managing authority (in relation to a hospital)paragraph 176 or 177
maximum authorisation periodparagraph 42
mental capacity assessmentparagraph 37
mental capacity requirementparagraph 15
mental capacity review assessmentparagraph 112(5)
mental health assessmentparagraph 35
mental health requirementparagraph 14
mental health review assessmentparagraph 112(4)
negative conclusionparagraph 112(2)(a)
new supervisory bodyparagraph 99(b)
no refusals assessmentparagraph 48
no refusals requirementparagraph 18
no refusals review assessmentparagraph 112(8)
non-qualification groundparagraph 105
old supervisory bodyparagraph 99(a)
positive conclusionparagraph 112(2)(b)
purpose of a standard authorisationparagraph 11(1)
purpose of an urgent authorisationparagraph 11(2)
qualifying requirementsparagraph 12
refusal (for the purposes of the no refusals requirement)paragraphs 19 and 20
relevant care or treatmentparagraph 7
relevant hospital or care homeparagraph 7
relevant managing authorityparagraph 26(4)
relevant personparagraph 7
relevant person's representativeparagraph 137
relevant procedureparagraph 128
review assessmentparagraph 112(1)
reviewableparagraph 104
section 39A IMCAparagraph 155
section 39C IMCAparagraph 156
section 39D IMCAparagraph 157
standard authorisationparagraph 8
supervisory body (except in Part 9)paragraph 180, 181 or 182
supervisory body (in Part 9)paragraph 128 and paragraph 180, 181 or 182
unauthorised deprivation of liberty (in relation to paragraphs 68 to 73)paragraph 67
urgent authorisationparagraph 9
variation of conditions groundparagraph 107]

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