However, sometimes it is not possible to get consent from a client to act for them, or to get a clear idea about their views and wishes.  This is not the same as a client refusing consent, or being uncertain about their choices. 

When someone lacks mental capacity, it means they cannot understand information that has been explained to them, or cannot remember the information long enough to think about it, or they are unable to communicate their views.

Is there a role for an advocate here?

YES in these circumstances an advocate can work according to Non-instructed advocacy principles.

In these circumstances,  advocates use a flexible and tailored approach using a range of models and approaches.

Some examples of the things advocates will look at are:

• Is there an advanced statement?
• Are there any known wishes of the client?
• Are there people who know the client well and what the client would want?
• Are the client’s rights respected and upheld?
• Is the person’s lack of capacity likely to be temporary or permanent?
• Are there any cultural or religious beliefs?

An advocate DOES NOT:

• Offer their own views and opinions as to what they think is best for the patient or what they think is the best course of action to follow.

But they can:

Put forward what is reasonable for that person.

• Ensuring that the clients’ rights are upheld andthat all options have been explored.
• Representing the patient’s interests.
• Ensuring that alternative courses of action havebeen considered.
• Supporting the patient to participate as fully as possible in decisionmaking.

Find out more about non-instructed advocacy by visiting Action for Advocacy