PART 4INDEPENDENT MENTAL CAPACITY ADVOCATES
Independent mental capacity advocates
87Functions of independent mental capacity advocates: provision of support, etc
1
The Department may make regulations about the functions of independent mental capacity advocates.
2
The regulations may in particular require prescribed steps to be taken by an independent mental capacity advocate who has been instructed under section 91 to represent and provide support to a person (“P”) in the determination of whether a particular act in relation to which P lacks capacity would be in P’s best interests.
3
The steps that may be prescribed under subsection (2) include steps for the purpose of—
a
providing support to P so that P may participate as fully as possible in any relevant decision;
b
obtaining and evaluating relevant information;
c
ascertaining P’s past and present wishes and feelings, and the beliefs and values that would be likely to influence P’s decision if P had capacity;
d
ascertaining what alternative courses of action are available in relation to P;
e
informing persons responsible for determining what would be in P’s best interests of the independent mental capacity advocate’s conclusions;
f
informing P’s nominated person (if any) of matters relevant to the nominated person.
4
The regulations may also make provision as to circumstances in which an independent mental capacity advocate may challenge, or provide assistance for the purposes of challenging, any relevant decision.