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Mental Capacity Act (Northern Ireland) 2016

Section 118 – Reliance on authority of deputy in relation to treatment etc

This section provides protection from liability for a person where he or she does an act in connection with P’s care, treatment or personal welfare with the consent of a person purporting to be P’s deputy (“C”) and C is, in fact, either not P’s deputy or the giving of consent to the matter in question is not within the scope of C’s authority.

In those circumstances, the person will not be liable if, before doing the act, he or she had taken reasonable steps to establish whether C was P’s deputy and it was within the scope of C’s authority to consent to the matter in question and the person reasonably believed, when doing the act, that C was P’s deputy and had authority to consent.

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Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.


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