70ARestrictions on consent by guardian to mental health

70A Restrictions on consent by guardian to mental health treatment, care or support (1) A guardian who has power to give for a person a consent required for medical treatment involving treatment, care or support under the Mental Health Act 2015 may consent to that treatment only if the person— (a) does not have decision-making capacity under that Act; and (b) does not have an advance consent direction under that Act authorising the treatment; and (c) expresses willingness to receive the treatment. (2) A consent must be in writing.

(3) A consent must be for a stated period, of not longer than 6 months, but can be renewed (and further renewed) for another stated period of not longer than 6 months. (4) In considering the stated period necessary for a consent to treatment, a health professional who is giving the treatment must take into account— (a) whether, and when, the person is likely to regain decision-making capacity under the Mental Health Act 2015; and (b) the likely duration of the treatment, care or support required; and (c) the content of any advance consent direction in force for the (5) The health professional must tell the ACAT and the public advocate in writing about a consent, including the stated period. (6) If a consent is not renewed at the end of its stated period, the health professional must tell the ACAT in writing. (7) The ACAT— (a) must, on application, review a consent; and (b) may, at any time on its own initiative, review a consent. (8) A consent ends before the end of its stated period if— (a) the ACAT directs that the consent be withdrawn; or (b) subsection (1) (a), (b) or (c) no longer apply to the person. Note The chief psychiatrist or another relevant person may apply for a mental health order in relation to the person (see Mental Health Act 2015, s 51).