Part 1Persons who lack capacity
Independent mental capacity advocate service
39EF1Limitation on duty to instruct advocate under section 39D
1
This section applies if an advocate is already representing P in accordance with an instruction under section 39D.
2
Section 39D(2) does not require another advocate to be instructed, unless the following conditions are met.
3
The first condition is that the existing advocate was instructed—
a
because of a request by R, or
b
because the supervisory body had reason to believe one or more of the things in section 39D(5).
4
The second condition is that the other advocate would be instructed because of a request by P.