Paragraph 42 F1

(1)

The responsible body must take all reasonable steps to appoint an IMCA to represent and support the cared-for person if—

(a)

sub-paragraph (2) or (3) provides that an IMCA should be appointed, and

(b)

sub-paragraphs (4) and (5) do not apply.

(2)

An IMCA should be appointed if the cared-for person—

(a)

has capacity to consent to being represented and supported by an IMCA, and

(b)

makes a request to the responsible body for an IMCA to be appointed.

(3)

An IMCA should be appointed if—

(a)

the cared-for person lacks capacity to consent to being represented and supported by an IMCA, unless

(b)

the responsible body is satisfied that being represented and supported by an IMCA would not be in the cared-for person's best interests.

(4)

This paragraph does not apply if an IMCA has been appointed under this paragraph and the appointment has not ceased to have effect.

(5)

This paragraph does not apply if the responsible body is satisfied that there is a person (an “appropriate person”) who—

(a)

would be a suitable person to represent and support the cared-for person,

(b)

consents to representing and supporting the cared-for person, and

(c)

is not engaged in providing care or treatment for the cared-for person in a professional capacity.

(6)

A person is not to be regarded as a suitable person unless—

(a)

where the cared-for person has capacity to consent to being represented and supported by that person, the cared-for person does consent, or

(b)

where the cared-for person lacks capacity to consent to being represented and supported by that person, the responsible body is satisfied that being represented and supported by that person would be in the cared-for person's best interests.

Annotations

Textual amendments

F1: Sch. AA1 inserted (16.5.2019 but only for the purpose of enabling the exercise of any power to make regulations and otherwise prosp.) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1