Textual Amendments
F1Sch. AA1 inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1
23(1)Consultation under this paragraph must be carried out—
(a)if the arrangements are care home arrangements and—
(i)authorisation is being determined under paragraph 19, or
(ii)renewal is being determined under paragraph 35,
by the care home manager;
(b)otherwise, by the responsible body.
(2)The following must be consulted—
(a)the cared-for person,
(b)anyone named by the cared-for person as someone to be consulted about arrangements of the kind in question,
(c)anyone engaged in caring for the cared-for person or interested in the cared-for person’s welfare,
(d)any donee of a lasting power of attorney or an enduring power of attorney (within the meaning of Schedule 4) granted by the cared-for person,
(e)any deputy appointed for the cared-for person by the court, and
(f)any appropriate person and any independent mental capacity advocate concerned (see Part 5).
(3)The main purpose of the consultation required by sub-paragraph (2) is to try to ascertain the cared-for person’s wishes or feelings in relation to the arrangements.
(4)If it is not practicable or appropriate to consult a particular person falling within sub-paragraph (2) the duty to consult that person does not apply.]