PART 4

INDEPENDENT MENTAL CAPACITY ADVOCATES

Independent mental capacity advocates

Functions of independent mental capacity advocates: provision of support, etc
87
1
The Department may make regulations about the functions of independent mental capacity advocates.
2
The regulations may in particular require prescribed steps to be taken by an independent mental capacity advocate who has been instructed under section 91 to represent and provide support to a person (“P”) in the determination of whether a particular act in relation to which P lacks capacity would be in P's best interests.
3
The steps that may be prescribed under subsection (2) include steps for the purpose of—
a
providing support to P so that P may participate as fully as possible in any relevant decision;
b
obtaining and evaluating relevant information;
c
ascertaining P's past and present wishes and feelings, and the beliefs and values that would be likely to influence P's decision if P had capacity;
d
ascertaining what alternative courses of action are available in relation to P;
e
informing persons responsible for determining what would be in P's best interests of the independent mental capacity advocate's conclusions;
f
informing P's nominated person (if any) of matters relevant to the nominated person.
4
The regulations may also make provision as to circumstances in which an independent mental capacity advocate may challenge, or provide assistance for the purposes of challenging, any relevant decision.
Pt. 4: power to apply conferred by S.I. 1986/595 (N.I.), art. 3C(6)(7)(a) (as inserted (2.12.2019 for specified purposes) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 4 (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with arts. 3, 4) (as amended by S.R. 2019/190, art. 2))