Guardianship and Management of Property Act 1991

A guardian who has power to give for a person a consent required for medical treatment involving treatment, care or support under the Mental Health Act 2015 may consent to that treatment only if the person—

does not have decision-making capacity under that Act; and

does not have an advance consent direction under that Act authorising the treatment; and

expresses willingness to receive the treatment.

A consent must be in writing.

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.

In considering the stated period necessary for a consent to treatment, a health professional who is giving the treatment must take into account—

whether, and when, the person is likely to regain decision‑making capacity under the Mental Health Act 2015; and

the likely duration of the treatment, care or support required; and

the content of any advance consent direction in force for the person.

The health professional must tell the ACAT and the public advocate in writing about a consent, including the stated period.

If a consent is not renewed at the end of its stated period, the health professional must tell the ACAT in writing.

The ACAT—

must, on application, review a consent; and

may, at any time on its own initiative, review a consent.

A consent ends before the end of its stated period if—

the ACAT directs that the consent be withdrawn; or

subsection (1) (a), (b) or (c) no longer apply to the person.

Note The chief psychiatrist or another relevant person may apply for a mental health order in relation to the person (see Mental Health Act 2015, s 51).