SCHEDULES

SCHEDULE 2Minor and consequential amendments

Part 1Amendments to the Mental Capacity Act 2005

4

1

Section 36 (functions of independent mental capacity advocates) is amended as follows.

2

In subsection (2)(a) leave out “(“P”) so that P” and insert “ or support so that that person ”.

3

In subsection (2)(c) leave out “P's wishes and feelings” and insert “ the wishes and feelings of the person the advocate has been instructed to represent (“P”) ”.

4

After subsection (2)(d) insert—

da

in the case of an advocate instructed to support an appropriate person where paragraph 43 of Schedule AA1 applies, supporting that person to ascertain—

i

what the wishes and feelings of the cared-for person who that appropriate person represents and supports would be likely to be and the beliefs and values that would be likely to influence the cared-for person;

ii

what alternative courses of action are available in relation to the cared-for person who that appropriate person represents and supports;