The first legal right to advocacy

Abstract

The Mental Capacity Act (MCA) brings the first legal right to advocacy, namely, the Independent Mental Capacity Advocate (IMCA) service. The Act places a duty on local authorities (LA) and the NHS to refer people who may lack capacity to make decisions about serious medical treatment or about a change in accommodation to an IMCA. This requirement will apply to adults who do not have a friend or family member with whom it is appropriate to consult about the decision. Local authorities and NHS bodies may also choose to refer to an IMCA, where someone lacks the capacity to agree to the arrangements made in accommodation reviews and have no family or friends to speak up for them and adult protection proceedings, regardless of family and friend involvement. The role of the IMCA is described in the Act and in its regulations and code of practice, which the IMCA must follow. Essentially, the IMCA represents and supports the person who may lack capacity in relation to the particular decision. The IMCA also has a right to seek a second medical opinion where appropriate, access relevant medical and social information about the person and challenge the decision if necessary. The first legal right to advocacy Teresa Gorczynska Advocacy Partners Feature