Who is entitled to an IMCA?
In accordance with the Mental Capacity Act 2005, referrals must be made for individuals in the following circumstances:
- The person is aged 16 or over
- A decision needs to be made in the person’s best interests about either a long-term change in accommodation or serious medical treatment
- The person to be referred has been assessed as lacking capacity to make that specific decision at the time it needs to be made
- The person does not have a family member or friend who is ‘appropriate to consult’.
- The person has not executed a Lasting Power of Attorney for Health and Welfare
- There is no Court of Protection appointed Deputy who continues to act on the person’s behalf in relation to health and welfare. NB if a person has only a Property and Finance LPA or Deputy in place, this would not prevent them from being referred for an IMCA.
Referrals may also be made for decisions concerning
- Care Reviews, where there is no-one ‘appropriate to consult’ or
- Adult Protection cases, whether or not family, friends or others are involved.
For all referrals to Gaddum Advocacy, there is a requirement that the individual lacking capacity is currently resident or receiving care or treatment in Manchester.