IMCA is a key aspect of the Mental Capacity Act 2005. The Act places a responsibility on Local Authorities to ensure that people who are considered to lack capacity have access to an independent advocate when decisions are being made about them that relate to:
- Serious Medical Treatment (SMT)
- Changes of NHS accomodation (more than 8 weeks)
Who can receive IMCA?
- Those who are considered to lack capacity by decision-makers
- Those who have no family or friends to represent their likely views (with the exception of adult protection cases)
- Support the person who lacks capacity and represent their likely views to those responsible for making decisions
- Obtain and evaluate information
- Ascertain the person's wishes and feelings, as far as possible
- Ascertain alternative courses of action - eg different care arrangements
- Seek a further medical opinion, if necessary
