C1Part 1Persons who lack capacity

Annotations:
Modifications etc. (not altering text)

Independent mental capacity advocate service

39ELimitation on duty to instruct advocate under section 39D

F11

This section applies if an advocate is already representing P in accordance with an instruction under section 39D.

2

Section 39D(2) does not require another advocate to be instructed, unless the following conditions are met.

3

The first condition is that the existing advocate was instructed—

a

because of a request by R, or

b

because the supervisory body had reason to believe one or more of the things in section 39D(5).

4

The second condition is that the other advocate would be instructed because of a request by P.