Section 91 Instruction of independent mental capacity advocate
Not yet in force
Where—
an HSC trust receives a request duly made under section 88 for the trust to instruct an independent mental capacity advocate to represent and provide support to a person (“P”) in the determination of whether a particular act would be in P's best interests, and
no declaration has been made by P under section 90 in relation to the matter (or a declaration has been made but revoked),
the trust must instruct an independent mental capacity advocate to represent and provide support to P in the determination of whether the act would be in P's best interests.
Notes on Part 4
Modifications
- C1
Pt. 4: power to apply conferred by S.I. 1986/595 (N.I.), art. 3C(6)(7)(a) (as inserted (2.12.2019 for specified purposes) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 4 (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with arts. 3, 4) (as amended by S.R. 2019/190, art. 2))