Decision-makers should check whether a person has made a valid and applicable prejudicial decision to refuse the specific treatment in question. If they have made such a decision, no relevant treatment may be granted, including for COVID-19. Similarly, this treatment cannot be granted if the person has a creditor appointed under a permanent power of attorney or a substitute appointed by the court with a specific authority with respect to the proposed treatment that refuses to give consent to that treatment, that treatment cannot be granted. Anyone with such power must act in the best interests of the person when deciding on this treatment. If the officers do not agree with the determination of the interest of the lawyer or substitute for the welfare of the person, if the dispute cannot be resolved in any other way, an application should be considered by the Tribunal. Any deprivation of liberty should be reviewed regularly by the management authority (care centre/hospital) and the supervisory authority (local authority or NHS) to check whether authorisation is still necessary and to verify that qualification requirements are still in place. A review should be conducted without delay when circumstances change, for example. B a person who regains his mental capacity or an agreement on a less restrictive mode of care. If the authorization is no longer required, it must be withdrawn. Deprivation of liberty should last as long as possible and a maximum of 12 months. During this period, the person`s representative must be kept informed with information about the person`s treatment and care. This publication is www.gov.uk/government/publications/coronavirus-covid-19-looking-after-people-who-lack-mental-capacity/the-mental-capacity-act-2005-mca-and-deprivation-of-liberty-safeguards-dols-during-the-coronavirus-covid-19-pandemic in contact with the person subject to deprivation of liberty. Yesterday`s debate was the second in the ping-pong phase, in which the two parliaments try to agree on a final version of the legislation.
Our consultation paper was published on July 7, 2015. It contained preliminary proposals for law reform.