Mental Capacity Act (Northern Ireland) 2016

Further powers of the Public Guardian

127.—(1) The powers under subsections (2) and (3) may be exercised for the purpose of enabling the Public Guardian to carry out his or her functions in relation to a person (“P”)—

(a) who proposes to grant or has granted a lasting power of attorney; or

(b) for whom a deputy is appointed.

(2) The Public Guardian may visit P and interview P in private.

(3) The Public Guardian may at all reasonable times require the production of, examine and take copies of—

(a) any health record (as defined by section 306), or

(b) any relevant record,

so far as the record relates to P.

(4) But if P has capacity in relation to whether the power under subsection (3) should be exercised, the power may be exercised only with P’s consent.

(5) In this section “relevant record” means a record relating to P’s care, treatment or personal welfare which is a record of or held by—

(a) an HSC trust or its employees or agents;

(b) the Regional Board;

(c) RQIA;

(d) a Northern Ireland department or its employees or agents;

(e) the managing authority of an independent hospital; or

(f) the managing authority of a care home.