C1Part 1Persons who lack capacity

Annotations:
Modifications etc. (not altering text)

Independent mental capacity advocate service

39CPerson unrepresented whilst subject to Schedule A1

F11

This section applies if—

a

an authorisation under Schedule A1 is in force in relation to a person (“P”),

b

the appointment of a person as P's representative ends in accordance with regulations made under Part 10 of Schedule A1, and

c

the managing authority of the relevant hospital or care home are satisfied that there is no person, other than one engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate to consult in determining what would be in P's best interests.

2

The managing authority must notify the supervisory body that this section applies.

3

The supervisory body must instruct an independent mental capacity advocate to represent P.

4

Paragraph 159 of Schedule A1 makes provision about the role of an independent mental capacity advocate appointed under this section.

5

The appointment of an independent mental capacity advocate under this section ends when a new appointment of a person as P's representative is made in accordance with Part 10 of Schedule A1.

6

For the purposes of subsection (1), a person appointed under Part 10 of Schedule A1 to be P's representative is not, by virtue of that appointment, engaged in providing care or treatment for P in a professional capacity or for remuneration.