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Independent Mental Capacity Advocacy
Service (IMCA)
Swansea - Port Talbot - Bridgend - Vale of
Glamorgan - Rhondda Cynon Taff - Cardiff - Caerphilly - Merthyr Tydfil -
Blaenau Gwent - Newport - Torfaen - Monmouthshire
What is IMCA?
The Mental Capacity Act (MCA) 2005 came into force in early 2007 and
introduces the new statutory role of the Independent Mental Capacity
Advocate (IMCA) to support people who lack capacity to make certain
decisions.
From October 1st 2007, Local Authorities and LHB /
Trust bodies in Wales
had a duty to instruct an IMCA to support an individual if they meet the
criteria as laid out in the Act.
An IMCA must be instructed where:
- There is a
decision to be made regarding either serious medical treatment (SMT) or change of accommodation.
AND
- The person
has no close family or friends to represent their views
AND
- The person
has been deemed by the Decision Maker not to have capacity to make
that decision in accordance with the assessment of capacity as defined
in the Act
This can include:
- People with
dementia or mental ill health
- People with
learning disabilities
- People with
physical disabilities
- People who
have had a stroke
- People with
acquired brain injuries
- People who
are unconscious or in a coma
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