PART C — RECORD OF THE ASSESSMENT
I have assessed whether the person meets the no refusals requirement.
In carrying out this assessment, I have taken into account any information given to me, and submissions
made, by any of the following:
(a) any relevant person’s representative appointed for the person
(b) any IMCA instructed for the person in relation to their deprivation of liberty.
To the best of my knowledge and belief:
Place a cross in ONE of the boxes below (C1–C4) Ø
C1 THERE IS NO ADVANCE DECISION, LPA OR DEPUTY TO CONSIDER
The person has not made an advance decision or a lasting power of attorney under the
Mental Capacity Act 2005 and no deputy has been appointed by the Court of Protection. The
person therefore satisﬁ es the no refusals requirement.
C2 THERE IS AN ADVANCE DECISION, LPA OR DEPUTY TO CONSIDER BUT IT
DOES NOT PREVENT THESE ARRANGEMENTS FROM BEING MADE
Any existing advance decision does not prevent the person from being given the
treatment that is proposed. Similarly, any valid decisions made by a donee of a lasting
power of attorney or deputy do not conﬂ ict with these proposals for their accommodation,
treatment or care. The person therefore satisﬁ es the no refusals requirement.
C3 THE PROPOSED TREATMENT DOES CONFLICT WITH A VALID AND APPLICABLE
The person has made a valid and applicable advance decision that prevents them
from receiving some or all of the treatment it is proposed to give them in the hospital
or care home. The person does not therefore meet the no refusals requirement.
C4 THE PROPOSED ARRANGEMENTS DO CONFLICT WITH A VALID AND
APPLICABLE DECISION MADE BY A DONEE OR DEPUTY
Accommodating the person in the hospital or care home, or giving them some
or all of the proposed care or treatment, would conﬂ ict with a valid decision
made by a donee or deputy. The person does not therefore meet the no refusals
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