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.
When would a 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.
When should an IMCA 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.
- There is no one independent of services, such as a family member or friend, who is “appropriate to consult” (6).
Who can act as the independent mental capacity advocate?
It can be someone like a family member (and often is). You can choose who you want it to be if you have the capacity to do so. An RPR must be: aged 18 or over.
What does an independent mental health advocate do?
An IMHA is an independent advocate who is trained in the Mental Health Act 1983 and supports people to understand their rights under the Act and participate in decisions about their care and treatment.
What qualifications do you need to be an IMCA?
To achieve the level three diploma in Independent Mental Capacity Advocacy (Deprivation of Liberty Safeguards), candidates need to have the IMCA certificate and in addition complete the DoLS unit 310. The qualifications are available from a range of providers.
What is Independent Mental Capacity Advocacy?
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?
If serious medical treatment is proposed for a patient (who lacks capacity and who has no friends or family to represent them), but who does have an attorney or deputy appointed solely to deal with their property and affairs, then the Code of Practice (10.70) recommends that an IMCA should be appointed. 3.
Can you tell a person’s capacity to make a particular decision by the way they look?
An assessment that a person lacks capacity to make decisions should never be based simply on the person’s age, appearance, assumptions about their condition (includes physical disabilities, learning difficulties and temporary conditions (eg, drunkeness or unconsciousness), or any aspect of their behaviour.
Can someone be sectioned under the Mental Capacity Act?
This is a law that applies to England and Wales which allows people to be detained in hospital (sectioned) if they have a mental health disorder and need treatment. You can only be kept in hospital if certain conditions are met. See our pages on the Mental Health Act for more information.
Who can do a mental capacity assessment?
In the codes of practice, the people who decide whether or not a person has the capacity to make a particular decision are referred to as ‘assessors’. This is not a formal legal title. Assessors can be anyone – for example, family members, a care worker, a care service manager, a nurse, a doctor or a social worker.
Is DoLS a legal document?
It also introduces Liberty Protection Safeguards (LPS), the Law Commission’s proposed replacement for DoLS. DoLS ensures people who cannot consent to their care arrangements in a care home or hospital are protected if those arrangements deprive them of their liberty.
What does the IMCA seek 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 are the 3 types of advocacy?
There are three types of advocacy – self-advocacy, individual advocacy and systems advocacy.
Do you need qualifications to be an advocate?
For the statutory advocacy roles, like IMHA and IMCA, you are required to complete the Level 3 Certificate in Independent Advocacy Qualification. … You could gain this experience through a work placement, from your personal life, through volunteering or as part of a traineeship or apprenticeship.
What are the 5 principles of advocacy?
What are the 5 principles of advocacy? What are qualities of a good advocate? Clarity of purpose,Safeguard,Confidentiality,Equality and diversity,Empowerment and putting people first are the principles of advocacy.