Part 1Persons who lack capacity
Independent mental capacity advocate service
39AF1Person becomes subject to Schedule A1
1
This section applies if—
a
a person (“P”) becomes subject to Schedule A1, and
b
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
Schedule A1 makes provision about the role of an independent mental capacity advocate appointed under this section.
5
This section is subject to paragraph 161 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.