PART 4INDEPENDENT MENTAL CAPACITY ADVOCATES
Procedure after instruction of independent mental capacity advocate
94Continuing duty of trust in relation to independent mental capacity advocate
1
The duty of an HSC trust under section 91 is to be taken to include a duty to instruct a new independent mental capacity advocate to represent and provide support to P in the matter in question if for any reason an independent mental capacity advocate previously instructed under that section to represent and provide support to P in that matter ceases to be able to do so.
2
But this does not apply where—
a
the reason why the independent mental capacity advocate previously instructed is no longer able to represent and provide support to P in the matter is that P has made a declaration under section 93; and
b
that declaration has not been revoked.