Mental Health Act 20266
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Application to Circuit Court in certain circumstances | ||
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48. (1) Where an involuntarily admitted person has been assessed as lacking capacity to consent to or refuse a proposed treatment under section 45 and there is not— | ||
(a) a decision-making representative appointed under the Act of 2015 duly authorised to make decisions relevant to the person’s mental healthcare and treatment, | ||
(b) a valid advance healthcare directive in respect of the person which is relevant to the specific treatment proposed, or | ||
(c) a decision-making order made by the Circuit Court under section 38 of the Act of 2015 which is relevant to the specific treatment proposed, | ||
an application shall be made by or on behalf of the registered proprietor to the Circuit Court under Part 5 of the Act of 2015 as soon as practicable and prior to any treatment, other than treatment provided under section 47 , 49 or 50 , being provided to the involuntarily admitted person. | ||
(2) An application to the Circuit Court made under subsection (1) shall be withdrawn by the registered proprietor where— | ||
(a) the person the subject of the application is discharged as an involuntarily admitted person, or | ||
(b) the person the subject of the application is assessed under section 45 to have capacity to consent to or refuse treatment. |