Part 1Persons who lack capacity

Preliminary

4BF1Deprivation of liberty necessary for life-sustaining treatment etc

1

If the following conditions are met, D is authorised to deprive P of his liberty while a decision as respects any relevant issue is sought from the court.

2

The first condition is that there is a question about whether D is authorised to deprive P of his liberty under section 4A.

3

The second condition is that the deprivation of liberty—

a

is wholly or partly for the purpose of—

i

giving P life-sustaining treatment, or

ii

doing any vital act, or

b

consists wholly or partly of—

i

giving P life-sustaining treatment, or

ii

doing any vital act.

4

The third condition is that the deprivation of liberty is necessary in order to—

a

give the life-sustaining treatment, or

b

do the vital act.

5

A vital act is any act which the person doing it reasonably believes to be necessary to prevent a serious deterioration in P's condition.