Best answer: What is an IMCA 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 IMCA advocacy?

IMCA stands for Independent Mental Capacity Advocate. IMCA is a new type of statutory advocacy introduced by the Mental Capacity Act 2005 (the Act). The Act gives some people who lack capacity a right to receive support from an IMCA.

What does an IMCA do?

IMCAs are a safeguard for people who lack capacity to make some important decisions. The IMCA role is to support and represent the person in the decision-making process. Essentially they make sure that the Mental Capacity Act 2005 is being followed.

Is an advocate the same as an IMCA?

An Independent Mental Capacity Advocate (IMCA) is an advocate appointed to act on your behalf if you lack capacity to make certain decisions.

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When should 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.

Who is responsible for assigning an advocate?

It is the responsibility of the Local Authority to decide which advocacy support is most appropriate in each situation. In doing so, it must make sure that statutory duties are fulfilled in relation to any specialist advocacy support a person may be entitled to receive under any legislation that affects them.

What qualifications do you need to be an IMCA?

For the statutory advocacy roles, like IMHA and IMCA, you are required to complete the Level 3 Certificate in Independent Advocacy Qualification.

Is an IMCA a decision maker?

The role of the Mental Capacity Advocate

An IMCA is not the decision-maker (although decision-makers have a duty to take into account information they provide).

Can 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.

Who can make decisions for someone who lacks capacity?

A deputy is a person the Court of Protection appoints to make decisions for you once you have lost capacity to make them yourself. A deputy usually makes decisions about finances and property. The court can appoint a deputy to take healthcare and personal care decisions, though this is relatively rare.

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What are the four options for formally challenging a DOL?

The options for formal action for are:

  • complaints – possibly against the managing authority or supervisory body.
  • a safeguarding adult alert – about the person or another vulnerable adult.
  • a review for those people subject to a standard authorisation.

What is a non instructed advocate?

“Non-instructed advocacy is taking affirmative action with or on behalf of a person who is unable to give clear direction of their views or wishes in a specific situation.

What is the best interest checklist?

Section 4 of the Mental Capacity Act has a best interests checklist, which outlines what someone needs to consider before taking an action or decision for you while you lack capacity.

What is the role of an independent mental capacity advocate IMCA?

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.

Who does the Mental Capacity Act apply to?

The Mental Capacity Act (MCA) is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment. It applies to people aged 16 and over.

What are the 2 questions asked in the acid test?

A Supreme Court judgement in March 2014 made reference to the ‘acid test’ to see whether a person is being deprived of their liberty, which consisted of two questions: Is the person subject to continuous supervision and control? and. Is the person free to leave?

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