46ARestrictions on consent by attorney to mental health

46A Restrictions on consent by attorney to mental health treatment, care or support (1) An attorney under an enduring power of attorney may consent to treatment for mental illness (other than electroconvulsive therapy or psychiatric surgery) only if the principal— (a) does not have decision-making capacity; and (b) does not have an advance consent direction under the Mental Health Act 2015 authorising the treatment; and (c) expresses willingness to receive the treatment.

Division 4.4.2 Obligations of attorneys under enduring power of attorney—principal with (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 principal is likely to regain decision-making capacity; and (b) the likely duration of the treatment 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. Note For how documents may be given, see the Legislation Act, pt 19.5. (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 (8) A consent ends before the end of its stated period if— (a) the ACAT directs that the consent be withdrawn; or (b) subsection (1) (a), (b) or (c) no longer apply to the principal. Note The chief psychiatrist or another relevant person may apply for a mental health order in relation to the principal (see Mental Health Act 2015, s 51).

Obligations of attorneys under enduring power of attorney—principal with Division 4.4.2 (9) In this section: decision-making capacity—see the Mental Health Act 2015, section 7. mental illness—see the Mental Health Act 2015, section 10.