The Role of an Independent Mental Capacity Advocate (IMCA)

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:-

• If you have nobody to represent your views and the local authority is reviewing or planning matters on your behalf.
• You must be aged 16 or over and lack capacity to make certain decisions for yourself.
• If you have a close family member or a person who cares for you, in certain circumstances the appointment of an IMCA would be beneficial.

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:

• Consult with health professionals.
• Support you so that you can make decisions for yourself. This will include identifying your wishes, feelings, beliefs, and values.
• Source relevant information for you.
• Visit you in a care home.

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.