What is a independent mental capacity advocate?

Details. 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 is a 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 can act as the independent mental capacity advocate?

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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Is an independent mental capacity advocate a decision maker?

IMCAs should raise any issues and concerns with the decision maker. This could be done verbally or in writing. IMCAs are required to produce a report for the person who instructed them. In most cases this should be provided to the decision maker before the decision is made.

When would you complete a referral for an independent mental capacity advocate?

You have the right to an IMCA in these situations: If you are 16 or over, lack capacity to make certain decisions for yourself and do not have a close family member or a person who cares for you to support you.

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.

What is the role of an independent mental health advocate?

Independent Mental Health Advocates (IMHAs) support people with issues relating to their mental health care and treatment. They also help people understand their rights under the Mental Health Act.

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.

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.

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What is the difference between an IMCA and an IMHA?

What’s the difference between an IMHA and an IMCA? IMHAs support people who are being assessed or receiving treatment under the Mental Health Act 1983. IMCAs support people who lack capacity to make certain decisions and are provided under the Mental Capacity Act 2005.

Can you use DoLS without Authorisation?

DoLS can never be used to give compulsory treatment if the person lacks capacity to consent to it. … * Unlike the Mental Health Act, DoLS can never authorise treatment, even for the person’s mental problems.

What is the difference between an LPA and court appointed deputy?

With an LPA you decide who will be your attorney and make the arrangements yourself. … Attorneys are appointed in an LPA before mental capacity is lost. A Deputy is appointed by the courts after mental capacity has been lost.

Who can act as best interest assessor?

The Best Interest Assessor (BIA)

Be a registered social worker; or. Be a qualified and registered first level nurse, Occupational Therapist or chartered Psychologist; and. Have had at least 2 years post qualifying experience; and. Have successfully completed approved Best Interest Assessor training; and.

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.

What may affect a person’s capacity?

A person’s capacity to make a decision can be affected by a range of factors such as a stroke, dementia, a learning disability or a mental illness. People with a mental illness do not necessarily lack capacity.

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Do Imacs have the right to see care records?

One of the legal powers of IMCAs is to be able to look at and take copies of relevant records. This includes health records, records held by local authorities and records held by care homes.