Part 1

Persons who lack capacity

Independent mental capacity advocate service

Functions of independent mental capacity advocates
36
1
The appropriate authority may make regulations as to the functions of independent mental capacity advocates.
2
The regulations may, in particular, make provision requiring an advocate to take such steps as may be prescribed for the purpose of—
a
providing support to the person whom he has been instructed to represent (“P”) so that P may participate as fully as possible in any relevant decision;
b
obtaining and evaluating relevant information;
c
ascertaining what P’s wishes and feelings would be likely to be, and the beliefs and values that would be likely to influence P, if he had capacity;
d
ascertaining what alternative courses of action are available in relation to P;
e
obtaining a further medical opinion where treatment is proposed and the advocate thinks that one should be obtained.
3
The regulations may also make provision as to circumstances in which the advocate may challenge, or provide assistance for the purpose of challenging, any relevant decision.