If a person ('D') does an act in connection with the care or treatment1 of another person ('P'), and: (1) before doing the act, D takes reasonable steps to establish whether P lacks capacity2 in relation to the matter in question3; and (2) when doing the act, D reasonably believes that P lacks capacity in relation to the matter, and that it will be in P's best interests4 for the act to be done5, then in those circumstances D does not incur any liability in relation to the act that he would not have incurred if P: (a) had
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