An Independent Mental Capacity Advocate (IMCA) is an advocate appointed to act on behalf of a person who lacks capacity to make certain decisions for themselves. To determine if a person is lacking capacity one has to look at the Mental Capacity Act 2005 which governs the position of capacity. If you cannot make decisions for yourself because you do not have the mental capacity to make them, the Mental Capacity Act 2005 sets out what you can do to plan ahead, how you can ask someone else to make decisions for you and who can make decisions for you if you have not planned ahead.
An IMCA will be appointed by the local authority where the person lives.
When would you be entitled to an IMCA?
A person lacking capacity will have the right to an IMCA in the following situations:-
Even if you have a court-appointed deputy, there will be occasions where an IMCA will be necessary. For example, if you have a property and affairs deputy (to manage your finances) an IMCA may be required to assist on issues concerning health and welfare, such as a medical treatment.
Various roles that an IMCA can provide are:
Here at Anthony Gold, we work closely with a number of IMCAs where it is necessary for our clients to receive such independent advice and assistance.
Should you require assistance on this specific issue please contact the Court of Protection team.
*Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*