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Section 11: Lasting powers of attorney: restrictions

Mental Capacity Act 2005 · 2005 c. 9View on legislation.gov.uk

Part 1: Persons who lack capacity

A lasting power of attorney does not authorise the donee (or, if more than one, any of them) to do an act that is intended to restrain P, unless three conditions are satisfied.

The first condition is that P lacks, or the donee reasonably believes that P lacks, capacity in relation to the matter in question.

The second is that the donee reasonably believes that it is necessary to do the act in order to prevent harm to P.

The third is that the act is a proportionate response to—

the likelihood of P's suffering harm, and
the seriousness of that harm.

For the purposes of this section, the donee restrains P if he—

uses, or threatens to use, force to secure the doing of an act which P resists, or
restricts P's liberty of movement, whether or not P resists,

or if he authorises another person to do any of those things.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where a lasting power of attorney authorises the donee (or, if more than one, any of them) to make decisions about P's personal welfare, the authority—

does not extend to making such decisions in circumstances other than those where P lacks, or the donee reasonably believes that P lacks, capacity,
is subject to sections 24 to 26 (advance decisions to refuse treatment), and
extends to giving or refusing consent to the carrying out or continuation of a treatment by a person providing health care for P.

But subsection (7)(c)—

does not authorise the giving or refusing of consent to the carrying out or continuation of life-sustaining treatment, unless the instrument contains express provision to that effect, and
is subject to any conditions or restrictions in the instrument.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.