Assisted Decision-Making (Capacity) Act 2015

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Restrictions on decision-making representatives

44. (1) Nothing in this Part shall permit a decision-making representative for a relevant person to be given the power to prohibit a particular person from having contact with the relevant person.

(2) A decision-making representative for a relevant person shall not have authority to make decisions on behalf of a relevant person other than those specified in the decision-making representation order.

(3) A decision-making representative for a relevant person shall not, without the express approval of the court—

(a) exercise any powers in relation to the settlement of any part of the property of the relevant person, whether for the relevant person’s benefit or for the benefit of others, or

(b) exercise any power (including the power to consent) vested in the relevant person, whether beneficially or as trustee or otherwise.

(4) Subject to the terms of any advance healthcare directive made by the relevant person and subject to relevant powers exercisable by any designated healthcare representative appointed under the directive, a decision-making representative for a relevant person shall not refuse consent to the carrying out or continuation of life-sustaining treatment or consent to the withdrawal of life-sustaining treatment for the relevant person.

(5) A decision-making representative for a relevant person shall not do an act that is intended to restrain the relevant person unless there are exceptional emergency circumstances and—

(a) the relevant person lacks capacity in relation to the matter in question or the decision-making representative reasonably believes that the relevant person lacks such capacity,

(b) the decision-making representative reasonably believes that it is necessary to do the act in order to prevent an imminent risk of serious harm to the relevant person or to another person, and

(c) the act is a proportionate response to the likelihood of the harm referred to in paragraph (b) and to the seriousness of such harm.

(6) For the purposes of this section, a decision-making representative for a relevant person restrains the relevant person if he or she—

(a) uses, or indicates an intention to use, force to secure the doing of an act which the relevant person resists,

(b) intentionally restricts the relevant person’s liberty of voluntary movement or behaviour, whether or not the relevant person resists,

(c) administers a medication, which is not necessary for a medically identified condition, with the intention of controlling or modifying the relevant person’s behaviour or ensuring that he or she is compliant or not capable of resistance, or

(d) authorises another person to do any of the things referred to in paragraphs (a) to (c).

(7) A decision-making representative for a relevant person who restrains a relevant person shall cease the restraint immediately upon the restraint no longer being necessary in order to prevent an imminent risk of serious harm to the relevant person or to another person.

(8) Subsections (5) to (7) shall not be construed to prejudice the generality of section 69 of the Mental Health Act 2001 or of rules made under that section.