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Definition in primary legislation
of
No refusals assessment
from
Mental Capacity Act 2005, Schedule A1, Part 4
48 A no refusals assessment is an assessment of whether the relevant person meets the no refusals requirement.
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Definition in primary legislation
of
No refusals requirement
from
Mental Capacity Act 2005, Schedule A1, Part 3
18 The relevant person meets the no refusals requirement unless there is a refusal within the meaning of paragraph 19 or 20.
19 (1) There is a refusal if these conditions are met—
(a) the relevant person has made an advance decision;
(b) the advance decision is valid;
(c) the advance decision is applicable to some or all of the relevant treatment.
(2) Expressions used in this paragraph and any of sections 24, 25 or 26 have the same meaning in this paragraph as in that section.
20 (1) There is a refusal if it would be in conflict with a valid decision of a donee or deputy for the relevant person to be accommodated in the relevant hospital or care home for the purpose of receiving some or all of the relevant care or treatment—
(a) in circumstances which amount to deprivation of the person's liberty, or
(b) at all.
(2) A donee is a donee of a lasting power of attorney granted by the relevant person.
(3) A decision of a donee or deputy is valid if it is made—
(a) within the scope of his authority as donee or deputy, and
(b) in accordance with Part 1 of this Act.
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Definition in Statutory Guidance
of
No refusals assessment
from
Deprivation of Liberty Safeguards Code of Practice
An assessment, for the purpose of the deprivation of liberty safeguards, of whether there is any other existing authority for decision-making for the relevant person that would prevent the giving of a standard deprivation of liberty authorisation. This might include any valid advance decision, or valid
decision by a deputy or donee appointed under a Lasting Power of Attorney.
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Data descriptor
of
No Refusals Requirement
from
ASC Collections Data Dictionary (Beta v1.3)
Is the no refusals requirement met, i.e. there is no conflict with a decision made by a Lasting Power of Attorney (LPA/attorney) or court-appointed deputy, or with the conditions of a valid and applicable advance decision to refuse treatment.
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