Mental Capacity Act (Northern Ireland) 2016

Prospective

Request for independent mental capacity advocate to be instructedN.I.

This section has no associated Explanatory Notes

88—(1) This section applies where it reasonably appears to an appropriate healthcare professional—

(a)that a determination needs to be made of whether a particular act would be in the best interests of a person (“P”) who is 16 or over and lacks capacity in relation to the matter; and

(b)that by reason of section 35 or 55, an independent mental capacity advocate needs to be instructed to represent and provide support to P in that determination.

(2) The appropriate healthcare professional may request the relevant trust to instruct an independent mental capacity advocate to represent and provide support to P in the determination of whether the act would be in P's best interests.

(3) A request under this section may be made only if the steps required by section 89 have been taken so far as practicable.

(4) A request under this section must be in a prescribed form and include prescribed information.

(5) In this section—

appropriate healthcare professional” means a person of a prescribed description.

the relevant trust” means the HSC trust in whose area the act would be carried out.