Mental Capacity (Amendment) Act 2019 (c. 18)

Prospective

SCHEDULES

SCHEDULE 2 E+W Minor and consequential amendments

Part 1 E+W Amendments to the Mental Capacity Act 2005

4 (1) Section 36 (functions of independent mental capacity advocates) is amended as follows. E+W

(2) In subsection (2)(a) leave out “(“P”) so that P” and insert “ or support so that that person ”.

(3) In subsection (2)(c) leave out “P's wishes and feelings” and insert “ the wishes and feelings of the person the advocate has been instructed to represent (“P”) ”.

(4) After subsection (2)(d) insert—

“(da) in the case of an advocate instructed to support an appropriate person where paragraph 43 of Schedule AA1 applies, supporting that person to ascertain—

(i) what the wishes and feelings of the cared-for person who that appropriate person represents and supports would be likely to be and the beliefs and values that would be likely to influence the cared-for person;

(ii) what alternative courses of action are available in relation to the cared-for person who that appropriate person represents and supports;”.