Prospective
Steps to be taken before independent mental capacity advocate may be requestedN.I.
89—(1) The steps referred to in section 88(3) are as follows.
(2) P must be given prescribed information relating to independent mental capacity advocates.
(3) P must be given an opportunity to decide whether to make a declaration under section 90 (refusal by P of independent mental capacity advocate).
(4) If P's decision is to make such a declaration, P must be given an opportunity to make that declaration.
(5) But the steps in subsections (3) and (4) need not be taken where P does not have capacity to make a declaration under section 90.
(6) The information prescribed under subsection (2) must include notice that, if an independent mental capacity advocate is instructed, this may result in information about P (including sensitive personal information) being disclosed by virtue of this Act to the independent mental capacity advocate.