Point in time view as at 02/12/2019. This version of this provision is prospective.
Mental Capacity Act (Northern Ireland) 2016, Section 88 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Prospective
88—(1) This section applies where it reasonably appears to an appropriate healthcare professional—
(a)that a determination needs to be made of whether a particular act would be in the best interests of a person (“P”) who is 16 or over and lacks capacity in relation to the matter; and
(b)that by reason of section 35 or 55, an independent mental capacity advocate needs to be instructed to represent and provide support to P in that determination.
(2) The appropriate healthcare professional may request the relevant trust to 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.
(3) A request under this section may be made only if the steps required by section 89 have been taken so far as practicable.
(4) A request under this section must be in a prescribed form and include prescribed information.
(5) In this section—
“appropriate healthcare professional” means a person of a prescribed description.
“the relevant trust” means the HSC trust in whose area the act would be carried out.
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