Commentary on Sections Part 4 – Independent Mental Capacity Advocates Section 86 – Independent mental capacity advocates
This section places a duty on each HSC trust to make arrangements to ensure that independent mental capacity advocates are available to be instructed as the Act requires, which may include arrangements for payment. In making these arrangements, HSC trusts must have regard to the principle that the advocate should be independent from the person who is responsible for carrying out the proposed act. The Department is also given a power to make regulations about these arrangements which may cover issues such as the qualifications, skills and training requirements that the advocate must have.