If an NHS body1: (1) is proposing to provide, or secure the provision of, serious medical treatment2 for a person ('P') who lacks capacity3 to consent to the treatment4; and (2) is 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 interests5, before such treatment is provided the NHS body must instruct an independent mental capacity advocate
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