Explanatory Memorandum

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

9 May 2016

Commentary on Sections

Part 4 – Independent Mental Capacity Advocates

Section 90 – Right to declare that no independent mental capacity advocate to be instructed

This section makes further provision about such declarations. It provides that a declaration refusing an advocate must be in writing and meet the conditions set out in section 95. A declaration can be revoked at any time if P has the capacity to revoke it. Any revocation must also adhere to the same formalities as the declaration. The effect of the declaration is that no request can be made for an independent mental capacity advocate to be instructed and accordingly no instruction to act may be given.