Remedy
Start free

Section 39C: Person unrepresented whilst subject to Schedule A1

Mental Capacity Act 2005 · 2005 c. 9View on legislation.gov.uk

Part 1: Persons who lack capacity

This section applies if—

an authorisation under Schedule A1 is in force in relation to a person ("P"),
the appointment of a person as P's representative ends in accordance with regulations made under Part 10 of Schedule A1, and
the managing authority of the relevant hospital or care home are satisfied that there is no person, other than one engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate to consult in determining what would be in P's best interests.

The managing authority must notify the supervisory body that this section applies.

The supervisory body must instruct an independent mental capacity advocate to represent P.

Paragraph 159 of Schedule A1 makes provision about the role of an independent mental capacity advocate appointed under this section.

The appointment of an independent mental capacity advocate under this section ends when a new appointment of a person as P's representative is made in accordance with Part 10 of Schedule A1.

For the purposes of subsection (1), a person appointed under Part 10 of Schedule A1 to be P's representative is not, by virtue of that appointment, engaged in providing care or treatment for P in a professional capacity or for remuneration.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.