Page:Mental Capacity Act 2008.pdf/35

36 (7) In complying with a requirement, the Public Guardian or a member of the Board of Visitors may, at all reasonable times, examine and take copies of—
 * (a) any health record; and
 * (b) any record held by any person and compiled in connection with a social services function,

so far as the record relates to P.

(8) If the Public Guardian or a member of the Board of Visitors is making a visit in the course of complying with a requirement, he may interview P in private.

(9) If a member of the Board of Visitors who is a Special Visitor is making a visit in the course of complying with a requirement, he may if the court so directs carry out in private a medical, psychiatric or psychological examination of P’s capacity and condition.

Applications to court

38.—(1) No permission is required for an application to the court for the exercise of any of its powers under this Act—
 * (a) by a person who lacks, or is alleged to lack, capacity and, if such a person has not attained the age of 21 years, by anyone with parental rights with respect to him;
 * (b) by the donor or a donee of a lasting power of attorney to which the application relates;
 * (c) by a deputy appointed by the court for a person to whom the application relates;
 * (d) by a person named in an existing order of the court, if the application relates to the order; or
 * (e) by the Public Guardian where it appears to him that—
 * (i) a person lacks capacity;
 * (ii) no application has been made or is likely to be made for an order under this Act; and
 * (iii) an order under this Act is necessary for the protection of the personal welfare, property or affairs of the person.