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Mental Capacity Act (Northern Ireland) 2016

Section 89 – Steps to be taken before independent mental capacity advocate may be requested

This section makes it clear that before the appropriate healthcare professional makes a request to the HSC trust to instruct an independent mental capacity advocate, P must be provided with prescribed information about independent mental capacity advocates. This includes notifying P that relevant information (including sensitive personal information) may necessarily have to be disclosed to the advocate. P must also be given an opportunity (if P has capacity to do so) to decide whether to make a declaration that he or she does not want an independent mental capacity advocate and then to make that declaration if he or she so wishes.

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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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