PART 6

HIGH COURT POWERS: DECISIONS AND DEPUTIES

Decisions and deputies

Reliance on authority of deputy in relation to treatment etc
118
1
This section applies if—
a
an order has been made under section 113(2)(b) appointing a deputy for 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 (“C”) purporting to be P's deputy; and
d
either C is not P's deputy, or it is not within the scope of C'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
C is P's deputy, and
ii
it is within the scope of C's authority to consent in relation to the matter in question, and
b
when doing the act, D reasonably believes that C is P's deputy and has authority to consent in relation to the matter,
D does not incur any liability in relation to the act because C was not P's deputy or (as the case may be) did not have such authority.