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PART 4INDEPENDENT MENTAL CAPACITY ADVOCATES

Procedure for ensuring that an independent mental capacity advocate is instructed

Powers of independent mental capacity advocates

92.—(1) This section applies where an independent mental capacity advocate has been instructed as mentioned in section 91 to represent and provide support to a person (“P”).

(2) The independent mental capacity advocate may do anything within subsection (3) or (4) for the purpose of exercising any of his or her functions.

(3) The independent mental capacity advocate may, at any reasonable time, visit P and interview P in private.

(4) The independent mental capacity advocate may, at any reasonable time, require the production of, examine and take copies of—

(a)any health records relating to P, or

(b)any records relating to P’s care, treatment or personal welfare,

that the person holding the record considers may be relevant to the independent mental capacity advocate’s investigation.