# Mental Capacity Act (Northern Ireland) 2016, Section 89: Steps to be taken before independent mental capacity advocate may be requested

Status: prospective

(1) The steps referred to in section 88(3) are as follows.
(2) P must be given prescribed information relating to independent mental capacity advocates.
(3) P must be given an opportunity to decide whether to make a declaration under section 90 (refusal by P of independent mental capacity advocate).
(4) If P's decision is to make such a declaration, P must be given an opportunity to make that declaration.
(5) But the steps in subsections (3) and (4) need not be taken where P does not have capacity to make a declaration under section 90.
(6) The information prescribed under subsection (2) must include notice that, if an independent mental capacity advocate is instructed, this may result in information about P (including sensitive personal information) being disclosed by virtue of this Act to the independent mental capacity advocate.

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Source: https://www.legislation.gov.uk/nia/2016/18/section/89 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-89
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.