Who decides if someone has capacity?
What happens if someone lacks capacity?
If someone lacks the capacity to make a decision and the decision needs to be made for them, the MCA states the decision must be made in their best interests. The MCA sets out a checklist to consider when deciding what’s in a person’s best interests.
What is an independent mental capacity advocate?
The Mental Capacity Act 2005 introduced the role of the independent mental capacity advocate (IMCA). IMCAs are a legal safeguard for people who lack the capacity to make specific important decisions: including making decisions about where they live and about serious medical treatment options.
What is the role of an independent advocate?
The role of an independent advocate is to support and represent the person and to facilitate their involvement in the key processes and interactions with the local authority and other organisations as required.
What skills do you need to be an advocate?
Skills such as communication, collaboration, presentation, and maintaining a professional relationship are important skills needed by anyone who is an advocate.
When is a IMCA not needed?
An IMCA should help you: When an NHS body wants to provide serious medical treatment to you. When there are plans to give you long-term accommodation in hospital (more than 28 days) or in a care home (more than 8 weeks). However, if the arrangements are urgent, the NHS body does not have to appoint an IMCA.
When can an IMCA be instructed?
When can an IMCA be instructed? An IMCA can be instructed (asked to represent a person) when a decision needs to be made about: Serious medical treatment – when the NHS wants to give new treatment, stop treatment that is already being given or when they do not want to start treatment or.
Does an IMCA complete capacity assessments?
The IMCA is unlikely to be able to decide whether they need to make representations for a mental capacity assessment until they have met the person. It is good practice for assessors to ensure that the IMCA has the opportunity to meet the person before the assessment is completed.
When should IMCA be instructed?
If the person at risk lacks capacity to consent to one or more of the protective measures being considered (or interim measures put in place), this guidance recommends that an IMCA should be instructed if one of the following applies: Where there is a serious exposure to risk: risk of death.
What is the difference between an IMCA and an advocate?
IMHA does not replace other forms of advocacy or legal support, but can work with them. IMCA provision is a separate statutory duty to provide non-instructed advocacy for people who lack capacity to make certain decisions and who have no one able to support and represent them.
What does an IMCA seeks to establish?
IMCA s will seek to establish that all possible protective measures have been considered and that consideration has been given as to whether the proposed measures are the least restrictive of the person’s rights.