Part 1

Persons who lack capacity

Independent mental capacity advocate service

Limitation on duty to instruct advocate under section 39D
39E
1
This section applies if an advocate is already representing P in accordance with an instruction under section 39D.
2
Section 39D(2) does not require another advocate to be instructed, unless the following conditions are met.
3
The first condition is that the existing advocate was instructed—
a
because of a request by R, or
b
because the supervisory body had reason to believe one or more of the things in section 39D(5).
4
The second condition is that the other advocate would be instructed because of a request by P.
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)