Advocacy

(1) The appropriate authority may make regulations as to the functions of independent mental capacity advocates.
(2) The regulations may, in particular, make provision requiring an advocate to take such steps as may be prescribed for the purpose of-- (a) providing support to the person whom he has been instructed to represent or support so that that person may participate as fully as possible in any relevant decision; (b) obtaining and evaluating relevant information; (c) ascertaining what the wishes and feelings of the person the advocate has been instructed to represent ('P') would be likely to be, and the beliefs and values that would be likely to influence P, if he had capacity; (d) ascertaining what alternative courses of action are available in relation to P; (da) in the case of an advocate instructed to support an appropriate person where paragraph 43 of Schedule AA1 applies, supporting that person to ascertain-- (i) what the wishes and feelings of the cared-for person who that appropriate person represents and supports would be likely to be and the beliefs and values that would be likely to influence the cared-for person; (ii) what alternative courses of action are available in relation to the cared-for person who that appropriate person represents and supports; (e) obtaining a further medical opinion where treatment is proposed and the advocate thinks that one should be obtained.
(3) The regulations may also make provision as to circumstances in which the advocate may challenge, or provide assistance for the purpose of challenging, any relevant decision.

(1) The help available to a qualifying patient under arrangements under section 130A above shall include help in obtaining information about and understanding--
(a) the provisions of this Act by virtue of which he is a qualifying patient;
(b) any conditions or restrictions to which he is subject by virtue of this Act;
(c) what (if any) medical treatment is given to him or is proposed or discussed in his case;
(d) why it is given, proposed or discussed;
(e) the authority under which it is, or would be, given; and
(f) the requirements of this Act which apply, or would apply, in connection with the giving of the treatment to him.

(2) The help available under the arrangements to a qualifying patient shall also include--
(a) help in obtaining information about and understanding any rights which may be exercised under this Act by or in relation to him; and
(b) help (by way of representation or otherwise) in exercising those rights.

Someone who puts a case on someone's else's behalf

Advocate can be used in a general sense, as one who speaks on behalf of another, or it can have special meanings derived from the Mental Health Act 1983 and the Mental Capacity Act 2005. There are formal and informal advocates and these can be:
- Individuals acting informally:
-- Carers
-- Relatives
-- Partners
-- Neighbours or friends
-- Staff.

- Those prescribed by legislation, such as Independent Mental Health Advocates and Independent Mental Capacity Advocates.
- Those provided by schemes run by local authorities, the NHS and charities.