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Independent Mental Capacity Advocate

(IMCA)

A statutory advocate under the Mental Capacity Act 2005 (sections 35-39) appointed to support people who lack capacity in specific decisions when they have no-one else to represent their views. Free, independent of the NHS and councils. Mandatory for serious medical treatment, change of accommodation, DoLS, and adult safeguarding decisions.

An IMCA must be appointed when the person who lacks capacity has no family or friend available to consult, AND the decision involves: serious medical treatment, an NHS-funded change of accommodation for 28+ days, a care home placement for 8+ weeks, a DoLS authorisation, or section 42 Care Act safeguarding. The IMCA gathers information, ascertains the person's wishes (as best they can), and prepares a written report for the decision-maker. The IMCA's role is to give the person a voice, not to make decisions. Funded by the council in most cases.

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