The Mental Capacity Act 2005 - Independent Mental Capacity Advocate (IMCA)
An Independent Mental Capacity Advocate is indicated to help those who lack capacity and have no other representation in decisions relating to:
Long term accommodation provisions for a time period of greater than 28 days, or
Serious Medical treatment decisions in those lacking capacity and who do not have someone who can be consulates on their behalf.
Moving hospital
Abuse or neglect.
They can be contacted to help support a patient who lacks capacity and represent their views and rights as well as provide information to the decision maker. They also have the right to ask for a second opinion should they believe that the decision being made by the clinician is not in the patient’s best interests.
What is an advocate - from (Making decisions. The Independent Mental Capacity Advocate (IMCA) service)
“An advocate is someone who supports a person so that their views are heard and their rights are upheld.
They can help a person to put their views and feelings across when decisions are being made about their life.
They can give support which will enable a person to make choices and they inform people of their rights.
An advocate will support a person to speak up for themselves or, in some situations, will speak on a person’s behalf.
Advocates are independent. They are not connected to the carers or to the services which are involved in supporting the person.
An advocate works one-to-one with a person to develop their confidence wherever possible and will try to ensure that the person feels as empowered as possible to take control of their own life.”
The benefits of an IMCA:
“The benefits of an IMCA service. The main benefits for the person who lacks capacity are:
• having an independent person to review significant decisions being made;
• having an advocate who is articulate and knowledgeable not solely in relation to the Act but also about a person’s rights, health and social care systems and community care law;
• receiving support from a person who is skilled at helping people who have difficulties with communication to make their views known; and
• having an independent person who can support and represent them when certain serious decisions are being made and they have nobody else who can be consulted.
There are benefits also for decision-making bodies as practitioners working in those bodies may find that:
• the collaborative way in which IMCAs work means that practitioners are assisted in their decision-making processes by a person with a good knowledge of the Act;
• the information brought to the attention of the decision-maker by the IMCA may be extremely useful and can often save valuable time for the practitioner; and
• complex decisions can be made with more confidence and in many cases more quickly due to the involvement of an IMCA.”
Resources