PART 4INDEPENDENT MENTAL CAPACITY ADVOCATES
Procedure for ensuring that an independent mental capacity advocate is instructed
Instruction of independent mental capacity advocate91
Where—
(a)
an HSC trust receives a request duly made under section 88 for the trust to instruct an independent mental capacity advocate to represent and provide support to a person (“P”) in the determination of whether a particular act would be in P's best interests, and
(b)
no declaration has been made by P under section 90 in relation to the matter (or a declaration has been made but revoked),
the trust must instruct an independent mental capacity advocate to represent and provide support to P in the determination of whether the act would be in P's best interests.