The Mental Capacity Act 2005 provides for an advance decision which is valid and applicable to the treatment in question to have effect as if it had been made by someone with capacity to make it at the time when the questions arose1. However liability is not incurred for continuing or discontinuing treatment without knowledge of the advance decision or for providing life-sustaining treatment, or doing any act necessary to prevent a serious deterioration in the patient's condition, while a decision on a relevant issue is being sought from the court
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