Assisted Decision-Making (Capacity) Act 2015
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Review of declaration as respects capacity | ||
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49. (1) Where the court makes a declaration under section 37(1), an application for a review of the declaration may be made to the court at any time by the relevant person or, with the consent of the court, by any of the persons referred to in any of paragraphs (b) to (i) of section 36 (4). | ||
(2) Notwithstanding subsection (1), the court shall in every case review a declaration under section 37 (1) at intervals specified by the court when making the declaration but in every such case at intervals of— | ||
(a) subject to paragraph (b), not more than 12 months, | ||
(b) not more than 3 years if the court is satisfied that the relevant person is unlikely to recover his or her capacity. | ||
(3) The periods of 12 months and 3 years referred to in subsection (2) shall run from the date on which the court made or last reviewed, as appropriate, the declaration referred to in that subsection. | ||
(4) (a) Where, having reviewed the capacity of a relevant person, the court is satisfied that the relevant person no longer lacks capacity to make one or more than one relevant decision, the court shall— | ||
(i) make an order revoking or amending, as appropriate, the declaration concerned under section 37 (1), | ||
(ii) make an order varying or discharging, as appropriate, a decision-making order or decision-making representation order of which the relevant person is the subject, and | ||
(iii) give such directions as it thinks appropriate for the order or orders to have full effect. | ||
(b) Where, having reviewed the capacity of a relevant person, the court is satisfied that the relevant person continues to lack capacity to make one or more than one relevant decision, the court shall make an order confirming the declaration concerned under section 37 (1). | ||
(5) This section shall not apply where the reason why the application to the court under this Part seeking a declaration under section 37 (1) relating to capacity in respect of the relevant person the subject of the application was made is no longer of relevance. |