Commentary on Sections Part 4 – Independent Mental Capacity Advocates Section 88 – Request for independent mental capacity advocate to be instructed
This section provides that the “appropriate healthcare professional” may request that the relevant HSC trust instructs an independent mental capacity advocate to represent and support P in the determination of whether an act would be in P’s best interests, in certain circumstances (see sections 35 and 55). Steps set out in section 89 must be taken so far as practicable before requesting that the HSC trust instruct an advocate (in a prescribed form).