Section 39E: Limitation on duty to instruct advocate under section 39D

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

Part 1: Persons who lack capacity

This section applies if an advocate is already representing P in accordance with an instruction under section 39D.

Section 39D(2) does not require another advocate to be instructed, unless the following conditions are met.

The first condition is that the existing advocate was instructed—

because of a request by R, or
because the supervisory body had reason to believe one or more of the things in section 39D(5).

The second condition is that the other advocate would be instructed because of a request by P.

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