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Mental Capacity Act (Northern Ireland) 2016

Section 88 – Request for independent mental capacity advocate to be instructed

This section provides that the “appropriate healthcare professional” may request that the relevant HSC trust instructs an independent mental capacity advocate to represent and support P in the determination of whether an act would be in P’s best interests, in certain circumstances (see sections 35 and 55). Steps set out in section 89 must be taken so far as practicable before requesting that the HSC trust instruct an advocate (in a prescribed form).

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Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.


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