An Independent Mental Capacity Advocate (IMCA) is an independent safeguard to support vulnerable people who lack the capacity to make important decisions and have no-one with whom it is appropriate to consult regarding those decisions.
When do you need an IMCA?
The Mental Capacity Act (2005) outlines a duty to instruct and consult an IMCA when making a decision for a person who lacks capacity regarding the following decisions:
Serious Medical Treatment
Long Term Accommodation moves
The Act also gives powers to instruct an IMCA service and may instruct an IMCA in cases of:
Safeguarding of Vulnerable Adults (regardless of whether family or friends are involved)
What will the IMCA do?
Where possible find out the person’s wishes, feelings, values and beliefs
Represent the person’s best interests
Independently support the person through the decision-making process as an independent person
Safeguard the rights and entitlements of the person set out in the MCA, ensuring that the basic principles and the best interest checklist are being followed
Where necessary access copies of the person’s Health and Social Care records (Section 35(6))
Where appropriate challenge the decision on behalf of a person
Where necessary seek a second medical opinion
Submit a report on their findings
Our IMCAs work on a referral basis.
For more info about our IMCA service please contact us
Advent Advocacy are able to provide training to assist providers to understand their obligations under the Mental Capacity Act (2005). Please click here to find out more.