Clause 38 - Exceptions
Mental Capacity Bill
10:45 am
Mrs Joan Humble (Blackpool North and Fleetwood, Labour)
I beg to move amendment No. 198, in clause 38, page 21, line 26, leave out beginning to end of line 32 and insert—
'The duty to identify and consult an independent advocate in relation to serious treatment or major changes in accommodation and support arrangements for P shall be considered discharged by the relevant authority where that authority has consulted and accepted the representations of either—
(a) a donee of a relevant lasting power of attorney created by P, or
(b) a deputy appointed for relevant purposes by the court for P, or
(c) a donee of a relevant enduring power of attorney (within the meaning of Schedule 4) created by P, or
(d) an independent advocate already recognised by the relevant authority as representing the interests of P'.