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Mental Health and Wellbeing Act 2022
105Determination of an application for an order—adult who is not a patient
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105 Determination of an application for an order—adult who is not a patient
(i) the person who is an adult and not a patient does not have capacity to give informed consent; and
(ii) there is no less restrictive way for the person to be treated; and
(iii) either—
(A) the person has an instructional directive giving informed consent to electroconvulsive treatment; or
(B) the person does not have an instructional directive giving consent to electroconvulsive treatment and the person's medical treatment decision maker gives informed consent in writing to the course of electroconvulsive treatment; or
(b) make an order refusing the treatment.