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When a person cannot communicate their views or wishes in a way that can be understood by other people, then advocates may use recognised approaches to ensure that what may matter most to the person is represented. Advocates will need to take additional steps to determine as far as possible what the person's likely wishes, feelings and desired outcomes are likely to be, to best represent the person. The advocate's role in non-instructed advocacy may include: upholding the person's rights; making sure that their likely concerns are recognised and responded to; ensuring access to support; and encouraging decisions to be taken based on what is important for the person, and challenging any that appear not to be. A person's ability to communicate what is important to them might fluctuate and advocates may move between using non-instructed advocacy and using instructed advocacy.
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“Non-instructed advocacy is taking affirmative action with or on behalf of a person who is unable to give a clear indication of their views or wishes in a specific situation. The non-instructed advocate seeks to uphold the person’s rights; ensure fair and equal treatment and access to services; and make certain that decisions are taken with due consideration for their unique preferences and perspectives” (Action for Advocacy 2006)
The key principles of non-instructed advocacy:
• The client does not instruct the advocate.
• The advocacy is independent and objective.
• People who experience difficulties in communication have a right to be represented in decisions that affect their lives.
• The advocate protects the principles underpinning ordinary living which assumes that every person has a right to a quality life.
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