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Mental Capacity Act (Northern Ireland) 2016
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Steps to be taken before independent mental capacity advocate may be requested
This section has no associated Explanatory Notes
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.
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