Mental Health Act 20266
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Person’s consent to treatment | ||
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44. (1) Consent, in relation to an involuntarily admitted person, means consent of the person obtained freely without threats or inducements where— | ||
(a) adequate information in a form and language that the person can understand on the nature, purpose and likely effects of the treatment concerned has been given to the person, and | ||
(b) he or she has capacity to give the consent concerned. | ||
(2) Subject to sections 47 , 49 and 50 , a person may, at any time do either or both of the following: | ||
(a) refuse any treatment proposed to him or her; | ||
(b) withdraw his or her consent to any treatment. | ||
(3) It shall be presumed that every person has capacity to give his or her consent to, or to refuse, treatment unless the contrary is shown in accordance with the Act of 2015 or the provisions of this Part. | ||
(4) Where an involuntarily admitted person is making a decision in relation to his or her treatment under this Act, he or she may consult with a nominated person or any other person of his or her choosing. | ||
(5) Each consent to or refusal of treatment under this Chapter shall be made in relation to the specific treatment proposed and a person shall not make a decision that has the effect (whether intentional or otherwise) of providing general consent to or, as the case may be, general refusal to consent to all forms of treatment without considering each specific treatment proposed. |