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Independent mental capacity advocate
Please note: In these descriptions of proxies, representatives and advocates, Q refers to the person whom the proxy, representative or advocate is supporting or representing.
We are at an early stage of developing this resource, so please bear with us as we work on it.
Purpose of the role
Advises on Q's best interests regarding medical treatment, accommodation, and / or safeguarding protection planning if Q lacks the mental capacity to make the relevant decisions and there is no-one else suitable whom it would be appropriate to consult on Q's best interests. IMCAs have set statutory functions and don't 'represent' the people they advocate for.
This role applies when
Q lacks capacity AND/OR is subject to Deprivation of Libery Safeguards
This role applies to
Mental capacity cases
Always
Mental health cases
Day to day living
Statutory definition of the role (if any)
Defined term | Act of Parliament/Statutory Instrument | Link |
|---|---|---|
Independent mental capacity advocate | Mental Capacity Act 2005, S.36 | https://www.legislation.gov.uk/ukpga/2005/9/section/36 |
The person in this role
Is professionally qualified to perform the role
Has a professional relationship with Q
Always
Has a personal relationship with Q
Is professionally independent of the organisation(s) involved
Must be
Has lived experience of Q's care and support needs
Sometimes
Speaks for/on behalf of Q
Yes
Safeguards Q's rights
Yes
Ensures Q's understanding
Yes
Is consulted about Q's health and welfare
Yes
Is consulted about Q's finances
Makes decisions about Q's health and welfare
Manages money on Q's behalf
Is the person formally appointed to this role?
Always
How many people can perform this role at one time?
One
Are there any other criteria for appointment?
Appropriate experience and/or training; integrity and good character; can act independently of whoever instructs him
Who nominates/appoints them?
Local authority as responsible authority under Mental Capacity Act S.35
Is the appointment time limited?
Other comments