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;