Clause 38 - Exceptions
Mental Capacity Bill
10:45 am
Mr James Cran (Beverley and Holderness, Conservative)
With this it will be convenient to discuss new clause 26—Exceptions—
'(1) 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.
(2) Subsection (1) does not apply if—
(a) an agreement between person P and D cannot be reached about a decision or action and where D is employed by an NHS body or local authority social services or D is contracted by an NHS body or local authority social services in respect of the provision of care and treatment for P, or
(b) there is a difference in view between person P and any person who is consulted under section 4(6) and the decision or action is the responsibility of an NHS or local authority social services or organisation contracted by an NHS body or local authority social services.'.