Proxies, representatives and advocates:
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.
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I am at an early stage of developing this resource, so please bear with me as I 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
Applies in mental capacity situations?
Applies in mental health situations?
Applies in day-to-day situations?
Always
Statutory definition of the role (if any)
Defined term | Source | Source_URL |
|---|---|---|
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
The role involves
is professionally qualified to perform the role
speaking for/on behalf of Q
Yes
has a professional relationship with Q
Always
acting in Q's best interests
Yes
has a personal relationship with Q
ensuring Q's understanding
Yes
is independent of the organisation(s) involved
Must be
being consulted about Q's health and welfare
Yes
has lived experience of Q's care and support needs
Sometimes
being consulted about Q's finances
making decisions about Q's health and welfare
managing Q's finances
Is the person formally appointed to this role?
How many people can perform this role at one time?
Are there any other criteria for appointment?
Who nominates/appoints them?
Always
One
Appropriate experience and/or training; integrity and good character; can act independently of whoever instructs him
Local authority as responsible authority under Mental Capacity Act S.35
Is the appointment time limited?
Other comments