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Mental Health and Wellbeing Act 2022
85Presumption that person has capacity to give informed consent
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85 Presumption that person has capacity to give informed consent
(1) Before treatment or medical treatment is given to a person under this Act, the person's informed consent must be sought.
(2) The person seeking the informed consent must presume that the person whose consent is sought has the capacity to give it.
(3) However, the person's informed consent does not have to be sought if the person seeking consent reasonably considers that the person does not have capacity to give informed consent.