- (c) any donee of a lasting power of attorney granted by the person; and
- (d) any deputy appointed for the person by the court,
as to what would be in the person’s best interests and, in particular, as to the matters mentioned in subsection (7).
(9) The duties imposed by subsections (1) to (8) also apply in relation to the exercise of any powers which—
- (a) are exercisable under a lasting power of attorney; or
- (b) are exercisable by a person under this Act where he reasonably believes that another person lacks capacity.
(10) In the case of an act done, or a decision made, by a person other than the court, there is sufficient compliance with this section if (having complied with the requirements of subsections (1) to (8)) he reasonably believes that what he does or decides is in the best interests of the person concerned.
(11) In subsection (2), “relevant circumstances” are those—
- (a) of which the person making the determination is aware; and
- (b) which it would be reasonable to regard as relevant.
PART III
ACTS IN CONNECTION WITH CARE OR TREATMENT
Acts in connection with care or treatment
7.—(1) If a person (“D”) does an act in connection with the care or treatment of another person (“P”), the act is one to which this section applies if—
- (a) before doing the act, D takes reasonable steps to establish whether P lacks capacity in relation to the matter in question; and
- (b) when doing the act, D reasonably believes—
- (i) that P lacks capacity in relation to the matter; and
- (ii) that it will be in P’s best interests for the act to be done.
