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Nationwide Advocacy Service

Independent mental capacity advocacy

An Independent Mental Capacity Advocate (IMCA) is an independent safeguard to support vulnerable people who lack 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:

  • Care Reviews
  • Safeguarding of Vulnerable Adults (regardless of whether family or friends are involved)

What the IMCA will 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.