Section 4B: Deprivation of liberty necessary for life-sustaining treatment etc

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

Part 1: Persons who lack capacity

If the following conditions are met, D is authorised to deprive P of his liberty while a decision as respects any relevant issue is sought from the court.

The first condition is that there is a question about whether D is authorised to deprive P of his liberty under section 4A.

The second condition is that the deprivation of liberty—

is wholly or partly for the purpose of—
giving P life-sustaining treatment, or
doing any vital act, or
consists wholly or partly of—
giving P life-sustaining treatment, or
doing any vital act.

The third condition is that the deprivation of liberty is necessary in order to—

give the life-sustaining treatment, or
do the vital act.

A vital act is any act which the person doing it reasonably believes to be necessary to prevent a serious deterioration in P's condition.

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.