Part 1

Persons who lack capacity

Independent mental capacity advocate service

Person becomes subject to Schedule A1
39A
1
This section applies if—
a
a person (“P”) becomes subject to Schedule A1, and
b
the managing authority of the relevant hospital or care home are satisfied that there is no person, other than one engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate to consult in determining what would be in P's best interests.
2
The managing authority must notify the supervisory body that this section applies.
3
The supervisory body must instruct an independent mental capacity advocate to represent P.
4
Schedule A1 makes provision about the role of an independent mental capacity advocate appointed under this section.
5
This section is subject to paragraph 161 of Schedule A1.
6
For the purposes of subsection (1), a person appointed under Part 10 of Schedule A1 to be P's representative is not, by virtue of that appointment, engaged in providing care or treatment for P in a professional capacity or for remuneration.
Ss. 39A-39E inserted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 9 para. 6; S.I. 2009/139, art. 2(e) (with art. 3)
Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)