Independent Mental Capacity Advocate

The Mental Capacity Act creates a new service, the Independent Mental Capacity Advocate - IMCA - service.

 

Its purpose is to help vulnerable people who lack capacity who are facing important decisions made by the National Health Service - NHS - and Local Authorities about serious medical treatment and changes of residence - for example, moving to a hospital or care home.

 

We will have a duty to consult the IMCA in decisions involvng people who have no family or friends. 

 

We, and our health partners, will be required, when making important decisions about serious medical treatment or change of accommodation for people who lack capacity, to appoint an IMCA to represent the individual if there is no-one else to support them. Regulations passed in the autumn 2006 extended the powers of local authorities and the NHS to instruct IMCAs in certain cases involving care reviews and adult protection cases. The IMCA's advice must be taken into account in the decision.