Prospective
Request for independent mental capacity advocate to be instructedN.I.
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.