Commentary on Sections Part 4 – Independent Mental Capacity Advocates Section 95 – Formalities for declarations under Part 4
The formalities for any declaration or revocation of a declaration relating to the independent mental capacity advocate are provided for in this section. The statement of declaration or revocation must be set out in a document and signed by P. P’s signature must be witnessed by a person of a prescribed description and that person must also certify that P understands the effect of the declaration or revocation and that P has not been subjected to any undue pressure in making the declaration or revocation. Regulations may make provision for circumstances where a person making a declaration or revocation is physically unable to sign a document.