Adult Social Care Glossary, v 0.6

(5) The duty under subsection (2) [to arrange for an independent advocate] does not apply if the local authority is satisfied that there is a person--
(a) who would be an appropriate person to represent and support the individual for the purpose of facilitating the individual's involvement, and
(b) who is not engaged in providing care or treatment for the individual in a professional capacity or for remuneration.

(6) For the purposes of subsection (5), a person is not to be regarded as an appropriate person unless--
(a) where the individual has capacity or is competent to consent to being represented and supported by that person, the individual does so consent, or
(b) where the individual lacks capacity or is not competent so to consent, the local authority is satisfied that being represented and supported by that person would be in the individual's best interests.

S.68 (4) and (5) make similar provision in respect of safeguarding enquiries and reviews.