Frequent question: When should an independent mental capacity advocate be used?

An IMCA should help you: When an NHS body wants to provide serious medical treatment to you. When there are plans to give you long-term accommodation in hospital (more than 28 days) or in a care home (more than 8 weeks). However, if the arrangements are urgent, the NHS body does not have to appoint an IMCA.

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 we use IMCA?

The IMCA service is provided for any person aged 16 years or older, who has no one able to support and represent them, and who lacks capacity to make a decision about either: a long-term care move; • serious medical treatment; • adult protection procedures; or • a care review.

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What is an independent mental health advocate?

An Independent Mental Health Advocate (IMHA) is a specialist advocate. The right to an IMHA was introduced in 2007 under amendments to the 1983 Mental Health Act. … These rights mean that IMHAs may: meet qualifying patients in private. consult with professionals concerned with the patient’s care and treatment.

Who decide if an IMCA is required?

The safeguarding manager should consider whether an IMCA should be instructed for all persons at risk. Local procedures should make it clear that the safeguarding manager will hold this statutory responsibility.

What is the role of an independent advocate?

The independent advocate helps the person/group to get the information they need to make real choices about their circumstances and supports the person/group to put their choices across to others. An independent advocate may speak on behalf of people who are unable to do so for themselves.

Why may an independent mental capacity advocate be required?

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.

At what age does the Mental Capacity Act Guidance start to apply to patients?

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.

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What is Independent mental capacity advocacy?

Independent mental capacity advocate ( IMCA ) services support people who can’t make or understand decisions by stating their views and wishes or securing their rights.

What were the two key purposes of the Mental Capacity Act when it was introduced in 2005?

It does this in two ways: by empowering people to make decisions for themselves wherever possible, and by protecting people who lack capacity by providing a flexible framework that places individuals at the heart of the decision-making process.

What is the role of an advocate in mental health?

An advocate can: listen to your views and concerns • help you explore your options and rights (without pressuring you) • provide information to help you make informed decisions • help you contact relevant people, or contact them on your behalf • accompany you and support you in meetings or appointments.

When should a Section 5 2 be used?

5(2) should only be used if, at the time, it is not practicable or safe to take the steps necessary to make an application for detention without detaining the patient in the interim.

What is an independent mental health?

Independent mental health advocates (IMHAs) aim to enable qualifying users to participate in decisions about their care and treatment. An independent mental health advocate is a statutory advocate, granted specific roles and responsibilities under the Mental Health Act.

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.

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Who normally recommends who the relevant person’s representative should be?

Who can be an RPR? In general, a relevant person’s representative is a friend or family member who will ensure that the rights of a person being deprived of their liberty are protected.

Does an IMCA seeks to establish the views and beliefs of the person referred to them?

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.