When should an IMCA be instructed?
An IMCA was appointed. The only situation in which the duty under the Act to instruct an IMCA need not be followed is when an urgent decision is needed, for example, to save a person’s life. However, if further serious treatment follows an emergency situation, there will be a need to instruct an IMCA.
What does IMCA stand for in medical terms?
Independent Mental Capacity Advocate
‘IMCA’ means Independent Mental Capacity Advocate. It is a role that was created by the Mental Capacity Act 2005 (“MCA”).
Do IMCA have the right to see medical records?
One of the legal powers of IMCAs is to be able to look at and take copies of relevant records. This includes health records, records held by local authorities and records held by care homes.
What factors together indicate a situation where an IMCA must be instructed?
Who should get an IMCA?
- The person is aged 16 or over (2)
- A decision needs to be made about either a long-term change in accommodation (3) or serious medical treatment (4),
- The person lacks capacity (5) to make that decision, and.
Who decide if an IMCA is required?
The safeguarding manager should consider whether an IMCA should be instructed for all persons at risk. Local procedures should make it clear that the safeguarding manager will hold this statutory responsibility.
When would an independent mental capacity advocate be used?
Independent Mental Capacity Advocates (IMCAs) support people when they are assessed to lack capacity to make a best interest decision and they do not have family or friends appropriate to consult about the decision.
Who can make an IMCA referral?
Referrals for an IMCA can be accepted from any third party. However, we can only take formal instructions from the decision-maker who is responsible for the overall decision. All referral in relation to DoLS must be made by the Supervisory Body.
What does IMCA stand for and when would they be used?
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 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.
What is the difference between an IMCA and an advocate?
An IMCA is an advocate who has been specially trained to support people who are not able to make certain decisions for themselves and do not have family or friends who are able to speak for them. IMCAs do not make decisions and they are independent of the people who do make the decisions.
Why may an independent mental capacity advocate be required?
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.
Who appoints an IMCA?
An IMCA must also be appointed when the Local Authority (supervisory body) believes that: Without an IMCA either the person or the RPR will be unable to exercise one or more of their relevant rights; or. Without an IMCA either the person or the RPR will be unlikely to exercise one of more of their relevant rights; or.