MCA s41 text

Power to adjust role of independent mental capacity advocate

41.—(1) The appropriate authority may make regulations-

(a) expanding the role of independent mental capacity advocates in relation to persons who lack capacity, and
(b) adjusting the obligation to make arrangements imposed by section 35.

(2) The regulations may, in particular-

(a) prescribe circumstances (different to those set out in sections 37, 38 and 39) in which an independent mental capacity advocate must, or circumstances in which one may, be instructed by a person of a prescribed description to represent a person who lacks capacity, and
(b) include provision similar to any made by section 37, 38, 39 or 40.

(3) "Appropriate authority" has the same meaning as in section 35.


The Mental Capacity Act 2005 has been fully in force since 1 October 2007. For details of proposed amendments, see Mental Health Act 2007.