A Clinician's Brief Guide to the Mental Capacity Act

A clinician’s brief guide to the Mental Capacity Act provides medical and social work practitioners with a comprehensive resource for understanding mental health law and its implications. This guide clarifies capacity assessment, best-interests decisions, and deprivation of liberty safeguards. CONDUCT.EDU.VN offers further comprehensive guides and resources to navigate compliance, decision-making frameworks, and legal capacity issues, ensuring professionals are well-equipped in their practice and improving patient outcomes.

1. Introduction to the Mental Capacity Act

The Mental Capacity Act (MCA) 2005 is a cornerstone of mental health law in England and Wales, designed to protect and empower individuals who lack the capacity to make their own decisions. The Act provides a legal framework that supports decision-making on behalf of those who cannot do so themselves, ensuring their best interests are always at the forefront. It is essential reading for clinicians, social workers, and other professionals who work with vulnerable adults. The Act has a wide range of implications for healthcare providers, legal practitioners, and anyone involved in the care of individuals who may lack capacity.

1.1. Historical Context

Prior to the introduction of the Mental Capacity Act 2005, the legal landscape surrounding decision-making for those lacking capacity was fragmented and inconsistent. Common law principles often guided practices, but these were not always clear or uniformly applied. The need for a comprehensive and statutory framework became increasingly evident as the population aged and the number of individuals with cognitive impairments rose.

The Law Commission played a crucial role in advocating for reform. Their reports highlighted the inadequacies of the existing system and proposed a new legal framework that would prioritize the rights and autonomy of individuals lacking capacity. The Mental Capacity Act 2005 was the result of these efforts, aiming to provide a clear, consistent, and rights-based approach to decision-making.

1.2. Key Objectives

The Mental Capacity Act 2005 has several key objectives, all centered around protecting the rights and promoting the autonomy of individuals who lack the capacity to make specific decisions. These objectives include:

Empowering Individuals: The Act seeks to empower individuals by ensuring that any decisions made on their behalf are in their best interests and take into account their wishes and feelings.
Providing a Legal Framework: The Act provides a clear legal framework for making decisions on behalf of those who lack capacity, reducing uncertainty and inconsistency in practice.
Protecting Vulnerable Adults: The Act includes safeguards to protect vulnerable adults from abuse and neglect, ensuring their safety and well-being.
Promoting Autonomy: The Act emphasizes the importance of involving individuals in the decision-making process as much as possible, even if they lack capacity to make the final decision.
Ensuring Accountability: The Act establishes mechanisms for accountability, including the Court of Protection and the Public Guardian, to oversee decision-making and ensure it is carried out in accordance with the law.

1.3. Scope of the Act

The Mental Capacity Act 2005 applies to all individuals aged 16 and over who lack the capacity to make specific decisions for themselves. This includes decisions about their health, welfare, and finances. The Act covers a wide range of situations, from routine medical treatments to complex financial transactions.

The Act also applies to a variety of settings, including hospitals, care homes, private residences, and community settings. It is relevant to healthcare professionals, social workers, family members, and anyone else involved in making decisions on behalf of individuals who lack capacity.

1.4. Guiding Principles of the Act

The Mental Capacity Act 2005 is underpinned by five key principles, which must be followed by anyone making decisions on behalf of someone who lacks capacity. These principles are:

Presumption of Capacity: Every adult is presumed to have the capacity to make their own decisions unless proven otherwise.
Support to Make Decisions: All practicable steps must be taken to help an individual make their own decisions before concluding that they lack capacity.
Unwise Decisions: An individual is not to be treated as lacking capacity simply because they make a decision that others consider unwise.
Best Interests: Any act done or decision made on behalf of someone who lacks capacity must be in their best interests.
Least Restrictive Option: Any intervention should be the least restrictive of the individual’s rights and freedoms.

These principles are central to the Act and must be considered in every decision-making process.

2. Understanding Mental Capacity

A clear understanding of mental capacity is fundamental to applying the Mental Capacity Act 2005 correctly. Mental capacity refers to an individual’s ability to make their own decisions at a particular time. It is decision-specific, meaning a person may have the capacity to make some decisions but not others.

2.1. Definition of Mental Capacity

Under the Mental Capacity Act 2005, a person lacks capacity if they are unable to make a specific decision at the time it needs to be made. This inability must be due to an impairment of the mind or brain, whether temporary or permanent.

The Act sets out a two-stage test for determining whether a person lacks capacity:

Impairment of the Mind or Brain: Is there an impairment of the mind or brain, or a disturbance in its functioning?
Inability to Make a Decision: Does the impairment mean the person is unable to make a specific decision?

If the answer to both questions is yes, then the person lacks capacity to make that specific decision.

2.2. The Two-Stage Test for Assessing Capacity

The two-stage test is a critical component of the Mental Capacity Act 2005. It provides a structured approach to assessing whether an individual lacks the capacity to make a specific decision.

Stage 1: Is there an impairment of the mind or brain?

This stage involves determining whether the person has a condition that affects their ability to make decisions. This could include:

Dementia
Learning disability
Mental illness
Brain injury
Stroke
Temporary conditions such as delirium or intoxication

The impairment must be the reason for the person’s inability to make a decision.

Stage 2: Does the impairment mean the person is unable to make a specific decision?

If an impairment is identified, the next step is to determine whether it prevents the person from making the specific decision at hand. The Act specifies four key abilities required to make a decision:

Understand: Can the person understand the information relevant to the decision?
Retain: Can the person retain the information long enough to make a decision?
Weigh: Can the person use or weigh the information as part of the decision-making process?
Communicate: Can the person communicate their decision, whether verbally, in writing, or through other means?

If the person is unable to do any of these things, they lack the capacity to make the decision.

2.3. Factors Affecting Mental Capacity

Several factors can affect a person’s mental capacity, either temporarily or permanently. These factors include:

Medical Conditions: Conditions such as dementia, Alzheimer’s disease, brain injuries, and strokes can significantly impair cognitive function and affect capacity.
Mental Health Issues: Mental health conditions like schizophrenia, bipolar disorder, and severe depression can also impact a person’s ability to make decisions.
Medications: Certain medications, particularly those with sedative or psychoactive effects, can temporarily impair cognitive function and affect capacity.
Substance Abuse: Alcohol and drug abuse can have a significant impact on mental capacity, both in the short and long term.
Environmental Factors: Factors such as stress, fatigue, pain, and unfamiliar surroundings can also affect a person’s ability to make decisions.
Communication Difficulties: Language barriers, hearing impairments, and other communication difficulties can make it difficult for a person to understand and express their decisions, which may be mistaken for a lack of capacity.

2.4. Best Practices for Assessing Capacity

Assessing mental capacity requires a careful and sensitive approach. Here are some best practices to follow:

Start with the Presumption of Capacity: Always assume that the person has capacity unless there is evidence to suggest otherwise.
Provide Support: Take all practicable steps to help the person make their own decision. This might include providing information in an accessible format, using visual aids, or involving an interpreter.
Assess at the Right Time: Assess capacity at a time when the person is most likely to be able to make a decision. Avoid assessing when they are tired, stressed, or in pain.
Be Decision-Specific: Remember that capacity is decision-specific. A person may have capacity to make some decisions but not others.
Document the Assessment: Keep a clear and detailed record of the assessment process, including the reasons for your conclusions.
Seek a Second Opinion: If you are unsure about your assessment, seek a second opinion from another professional.
Involve the Person: Involve the person in the assessment process as much as possible. Listen to their views and take their wishes and feelings into account.

By following these best practices, you can ensure that capacity assessments are carried out fairly and accurately.

3. Making Best Interests Decisions

When a person lacks the capacity to make a decision for themselves, decisions must be made in their best interests. The Mental Capacity Act 2005 provides a framework for determining what is in a person’s best interests, ensuring that decisions are made with their well-being as the primary consideration.

3.1. The Best Interests Checklist

The Mental Capacity Act 2005 includes a checklist of factors that must be considered when making a best interests decision. This checklist is designed to ensure that all relevant factors are taken into account. The checklist includes:

Ascertaining the Person’s Wishes and Feelings: Consider the person’s past and present wishes and feelings, as well as their beliefs and values.
Consulting with Others: Consult with family members, carers, and other people who have an interest in the person’s welfare.
Considering the Person’s Needs: Consider the person’s physical, emotional, and psychological needs.
Considering the Person’s Best Interests: Consider what is likely to be in the person’s best interests, taking into account their overall well-being.
Considering the Least Restrictive Option: Consider which option is the least restrictive of the person’s rights and freedoms.

3.2. Key Considerations in Best Interests Decisions

In addition to the checklist, there are several key considerations that should be taken into account when making a best interests decision:

The Person’s Wishes and Feelings: The person’s wishes and feelings are a central consideration in any best interests decision. Even if they lack capacity to make the decision themselves, their views should be taken into account as much as possible.
The Views of Family and Carers: The views of family members and carers are also important. They often have a deep understanding of the person’s needs and preferences.
The Person’s Beliefs and Values: The person’s beliefs and values should be respected. Decisions should be made in a way that is consistent with their cultural, religious, and moral beliefs.
The Person’s Past Decisions: The person’s past decisions can provide valuable insights into their preferences. If they have previously made similar decisions, these should be taken into account.
The Risks and Benefits of Each Option: The risks and benefits of each option should be carefully considered. Decisions should be made in a way that minimizes risks and maximizes benefits for the person.
The Least Restrictive Option: The least restrictive option should always be preferred. This means choosing the option that interferes least with the person’s rights and freedoms.

3.3. Resolving Disagreements

Disagreements can arise when making best interests decisions. Family members, carers, and professionals may have different views on what is in the person’s best interests. When disagreements occur, it is important to try to resolve them through discussion and negotiation.

If disagreements cannot be resolved, the Court of Protection can make a decision. The Court has the power to make decisions about a person’s health, welfare, and finances when they lack capacity. Applying to the Court should be a last resort, but it is sometimes necessary to protect the person’s best interests.

3.4. Documentation of Best Interests Decisions

It is essential to keep a clear and detailed record of all best interests decisions. This documentation should include:

The reasons for the decision
The factors that were taken into account
The views of family members and carers
Any disagreements that arose and how they were resolved
The outcome of the decision

Good documentation is essential for accountability and transparency. It also provides a valuable record of the decision-making process, which can be helpful if questions or concerns arise in the future.

4. Advance Decisions to Refuse Treatment

The Mental Capacity Act 2005 allows individuals to make advance decisions to refuse specific medical treatments in the future, should they lack the capacity to consent at that time. These advance decisions, often referred to as “living wills,” must be respected by healthcare professionals, provided they meet certain legal requirements.

4.1. Definition of Advance Decision

An advance decision is a statement made by a person with capacity, expressing their wishes to refuse specific medical treatment in the future, if they later lack the capacity to consent to that treatment. The decision must be clear, specific, and made by a person who understands the nature and consequences of their decision.

4.2. Legal Requirements for Validity

For an advance decision to be legally valid, it must meet several requirements:

Age: The person must be 18 or over when making the advance decision.
Capacity: The person must have the capacity to make the decision at the time they make it.
Voluntary: The decision must be made voluntarily, without any undue influence or coercion.
Specific: The decision must be specific about the treatments that are being refused.
Applicable: The circumstances must be those that the person anticipated when making the decision.

4.3. Treatments That Cannot Be Refused

There are certain treatments that cannot be refused in advance. These include:

Basic care, such as food, water, and warmth
Treatment for mental health disorders, if the person is detained under the Mental Health Act
Treatment that is necessary to prevent the person from harming themselves or others

4.4. Revoking an Advance Decision

An advance decision can be revoked at any time, provided the person has the capacity to do so. Revocation can be done verbally, in writing, or by any action that clearly indicates the person has changed their mind.

4.5. Healthcare Professionals’ Responsibilities

Healthcare professionals have a legal duty to respect valid and applicable advance decisions. Before withholding treatment based on an advance decision, they must:

Check that the decision is valid
Check that the decision is applicable to the current circumstances
Consult with others, including family members and carers
Document the decision-making process

If a healthcare professional is unsure about the validity or applicability of an advance decision, they should seek legal advice.

4.6. Practical Considerations

Advance decisions should be written and kept in a safe place. It is also a good idea to inform family members, carers, and healthcare professionals about the existence of the decision. Advance Care Planning is useful in helping people discuss and plan their future care.

5. Deprivation of Liberty Safeguards (DoLS)

The Deprivation of Liberty Safeguards (DoLS) are a legal framework designed to protect the rights of individuals who lack the capacity to consent to the arrangements for their care and treatment in a hospital or care home, when those arrangements amount to a deprivation of their liberty.

5.1. What Constitutes a Deprivation of Liberty?

A deprivation of liberty occurs when a person is subject to restrictions that go beyond what is normally expected in a care setting. The key elements of a deprivation of liberty are:

Lack of Consent: The person lacks the capacity to consent to the arrangements for their care.
Confinement: The person is confined to a specific place, such as a hospital or care home.
Control: The person is subject to continuous supervision and control.
Restriction of Freedom: The person is not free to leave.

5.2. The Purpose of DoLS

The purpose of DoLS is to ensure that individuals are not deprived of their liberty without proper legal safeguards. DoLS aims to:

Prevent arbitrary deprivations of liberty
Ensure that deprivations of liberty are necessary and proportionate
Provide individuals with the right to challenge a deprivation of liberty

5.3. Who DoLS Applies To

DoLS applies to individuals who:

Are aged 18 or over
Have a mental disorder
Lack the capacity to consent to the arrangements for their care
Are being cared for in a hospital or care home

5.4. The DoLS Assessment Process

The DoLS assessment process involves a series of assessments to determine whether a deprivation of liberty is necessary and proportionate. These assessments include:

Age Assessment: To confirm the person is 18 or over.
Mental Health Assessment: To confirm the person has a mental disorder.
Capacity Assessment: To confirm the person lacks the capacity to consent to the arrangements for their care.
Best Interests Assessment: To determine whether a deprivation of liberty is in the person’s best interests.
Eligibility Assessment: To check that the person is not ineligible for DoLS (e.g., because they are subject to the Mental Health Act).
No Refusals Assessment: To check that the deprivation of liberty is not in conflict with a valid advance decision or the views of the person’s Nearest Relative.

5.5. Authorisation of a Deprivation of Liberty

If the assessments conclude that a deprivation of liberty is necessary and proportionate, the supervisory body (usually the local authority) can authorise the deprivation of liberty for a specified period, up to a maximum of one year.

5.6. Rights of Appeal

Individuals who are subject to a DoLS authorisation have the right to appeal to the Court of Protection. They also have the right to an Independent Mental Capacity Advocate (IMCA) to support them throughout the process.

5.7. The Liberty Protection Safeguards (LPS)

The Deprivation of Liberty Safeguards (DoLS) are set to be replaced by the Liberty Protection Safeguards (LPS). The LPS aim to provide a simpler and more streamlined process for authorising deprivations of liberty. They are intended to extend to a wider range of settings beyond hospitals and care homes, including domestic settings and supported living.

6. The Court of Protection

The Court of Protection is a specialist court that makes decisions about the property, finances, health, and welfare of people who lack the capacity to make those decisions for themselves. The Court has a wide range of powers and can make decisions on a variety of issues.

6.1. Jurisdiction of the Court

The Court of Protection has jurisdiction over individuals who:

Are aged 16 or over
Lack the capacity to make decisions about their property, finances, health, or welfare

6.2. Types of Decisions the Court Can Make

The Court of Protection can make decisions about a wide range of issues, including:

Property and Finances: The Court can appoint a deputy to manage a person’s property and finances, make decisions about investments, and authorise the sale of property.
Health and Welfare: The Court can make decisions about a person’s medical treatment, care arrangements, and living arrangements.
Personal Welfare: The Court can make decisions about a person’s contact with family members, their access to social activities, and their participation in education or training.

6.3. Who Can Apply to the Court?

Anyone who has an interest in the welfare of a person who lacks capacity can apply to the Court of Protection. This includes:

Family members
Carers
Healthcare professionals
Social workers
Solicitors
The Public Guardian

6.4. The Application Process

The application process to the Court of Protection involves completing a set of forms and providing evidence to support your application. The Court will then consider the application and may hold a hearing to gather further information.

6.5. The Role of the Public Guardian

The Public Guardian is an independent officer of the Court of Protection. Their role is to:

Supervise deputies appointed by the Court
Investigate concerns about the way deputies are managing a person’s affairs
Maintain a register of deputies
Provide information and guidance to the public about the Court of Protection

6.6. Costs and Legal Aid

Applying to the Court of Protection can be expensive. There are court fees to pay, and you may need to pay for legal representation. Legal aid may be available in some cases, depending on your financial circumstances.

7. Independent Mental Capacity Advocates (IMCAs)

Independent Mental Capacity Advocates (IMCAs) are specialist advocates who support people who lack capacity to make specific decisions, when those decisions are about serious medical treatment or a change of accommodation, and when there is no one else appropriate to consult.

7.1. The Role of an IMCA

The role of an IMCA is to:

Support the person to participate in the decision-making process
Gather information about the person’s wishes, feelings, beliefs, and values
Represent the person’s views to decision-makers
Challenge decisions that are not in the person’s best interests

7.2. When an IMCA Must Be Instructed

An IMCA must be instructed when:

A person lacks the capacity to make a decision about serious medical treatment or a change of accommodation
There is no one else appropriate to consult (e.g., family member or carer)
The decision is being made by a healthcare professional or social worker

7.3. The IMCA’s Duties

When instructed, an IMCA must:

Meet with the person to understand their views
Examine relevant records and information
Consult with healthcare professionals, social workers, and other relevant people
Prepare a report outlining the person’s views and recommendations

7.4. The Benefits of Using an IMCA

Using an IMCA can:

Ensure that the person’s views are taken into account
Improve the quality of decision-making
Protect the person’s rights
Reduce the risk of abuse or neglect

7.5. How to Access an IMCA

IMCAs can be accessed through local authorities, NHS trusts, or independent advocacy organizations.

8. The Mental Capacity Act and the Mental Health Act

The Mental Capacity Act 2005 and the Mental Health Act 1983 are two separate pieces of legislation that deal with the care and treatment of people with mental disorders. While they have distinct purposes, they can sometimes overlap, leading to confusion about which Act should apply.

8.1. Key Differences Between the Acts

The Mental Capacity Act 2005 applies to anyone aged 16 or over who lacks the capacity to make specific decisions, regardless of whether they have a mental disorder. The Mental Health Act 1983, on the other hand, applies specifically to people with a mental disorder who need to be detained in hospital for assessment or treatment.

The key differences between the Acts are:

Scope: The MCA applies to anyone who lacks capacity; the MHA applies only to people with a mental disorder.
Purpose: The MCA aims to protect and empower people who lack capacity; the MHA aims to provide assessment and treatment for people with a mental disorder.
Deprivation of Liberty: The MCA includes safeguards for people who are deprived of their liberty in a hospital or care home (DoLS); the MHA includes powers to detain people in hospital against their will.

8.2. When the Mental Health Act Takes Precedence

In some cases, the Mental Health Act 1983 takes precedence over the Mental Capacity Act 2005. This is particularly true when a person needs to be detained in hospital for assessment or treatment under the MHA.

8.3. Overlap and Interaction

There can be overlap between the two Acts. For example, a person with dementia may lack the capacity to make decisions about their care and may also need to be detained under the Mental Health Act for treatment of a mental disorder. In these cases, it is important to carefully consider which Act is most appropriate in the circumstances.

8.4. Practical Implications

Understanding the relationship between the Mental Capacity Act 2005 and the Mental Health Act 1983 is essential for healthcare professionals, social workers, and anyone else involved in the care of people with mental disorders. It is important to be aware of the key differences between the Acts and to know when each Act should apply.

8.5. Resources and Support

There are many resources available to help professionals understand the Mental Capacity Act 2005 and the Mental Health Act 1983. These include:

The Mental Capacity Act Code of Practice
The Mental Health Act Code of Practice
Training courses
Legal advice

9. Practical Guidance for Clinicians

This section provides practical guidance for clinicians on how to apply the Mental Capacity Act 2005 in their daily practice. It covers key areas such as capacity assessment, best interests decision-making, and the interface with other legislation.

9.1. Conducting Capacity Assessments

When conducting a capacity assessment, it is important to:

Start with the presumption of capacity
Provide support to help the person make their own decision
Assess capacity at the right time
Be decision-specific
Document the assessment process

9.2. Making Best Interests Decisions

When making a best interests decision, it is important to:

Consider the person’s wishes and feelings
Consult with family members and carers
Consider the person’s beliefs and values
Consider the risks and benefits of each option
Choose the least restrictive option
Document the decision-making process

9.3. Working with Advance Decisions

When working with advance decisions, it is important to:

Check that the decision is valid
Check that the decision is applicable to the current circumstances
Consult with others
Respect the person’s wishes

9.4. Navigating DoLS

When navigating DoLS, it is important to:

Understand what constitutes a deprivation of liberty
Follow the DoLS assessment process
Protect the person’s rights
Seek legal advice if necessary

9.5. Addressing Ethical Dilemmas

Ethical dilemmas can arise when applying the Mental Capacity Act 2005. In these situations, it is important to:

Seek advice from senior colleagues or ethics committees
Document the decision-making process
Prioritize the person’s best interests

9.6. Continuous Professional Development

The Mental Capacity Act 2005 is a complex and evolving area of law. It is important for clinicians to engage in continuous professional development to stay up-to-date with the latest developments. CONDUCT.EDU.VN offers multiple resources for this learning!

10. Conclusion: Ensuring Best Practice and Compliance

The Mental Capacity Act 2005 provides a comprehensive legal framework for protecting and empowering individuals who lack the capacity to make their own decisions. By understanding the key principles and provisions of the Act, clinicians, social workers, and other professionals can ensure that they are providing the best possible care and support to vulnerable adults.

10.1. Key Takeaways

The key takeaways from this guide are:

The Mental Capacity Act 2005 applies to anyone aged 16 or over who lacks the capacity to make specific decisions.
The Act is underpinned by five key principles: presumption of capacity, support to make decisions, unwise decisions, best interests, and least restrictive option.
Capacity assessments must be carried out carefully and sensitively.
Best interests decisions must be made in accordance with the checklist in the Act.
Advance decisions to refuse treatment must be respected.
The Deprivation of Liberty Safeguards protect the rights of individuals who are deprived of their liberty in a hospital or care home.
The Court of Protection can make decisions about the property, finances, health, and welfare of people who lack capacity.
Independent Mental Capacity Advocates support people who lack capacity to make specific decisions.
The Mental Capacity Act 2005 and the Mental Health Act 1983 are separate but overlapping pieces of legislation.

10.2. Importance of Ongoing Training

Ongoing training is essential for professionals who work with people who lack capacity. The Mental Capacity Act 2005 is a complex and evolving area of law, and it is important to stay up-to-date with the latest developments.

10.3. Resources Available at CONDUCT.EDU.VN

CONDUCT.EDU.VN offers a wealth of resources to support professionals in their understanding and application of the Mental Capacity Act 2005. These resources include:

Detailed guides on specific aspects of the Act
Case studies and examples
Training materials
Legal updates

10.4. Call to Action

Navigating the complexities of the Mental Capacity Act can be challenging. For more detailed guidance, practical examples, and the latest updates on mental capacity law, visit CONDUCT.EDU.VN. Our comprehensive resources are designed to help you confidently and effectively apply the principles of the MCA in your practice.

Contact us at 100 Ethics Plaza, Guideline City, CA 90210, United States, or call us on Whatsapp: +1 (707) 555-1234. Let CONDUCT.EDU.VN be your trusted partner in promoting ethical and compliant practices in mental capacity decision-making.

FAQ: Frequently Asked Questions About the Mental Capacity Act

What is the Mental Capacity Act 2005?
The Mental Capacity Act 2005 is a law in England and Wales designed to protect and empower people who cannot make their own decisions about their care and treatment.
Who does the Mental Capacity Act apply to?
The Act applies to anyone aged 16 or over who lacks the capacity to make a specific decision at the time it needs to be made.
What are the key principles of the Mental Capacity Act?
The key principles are: presumption of capacity, support to make decisions, unwise decisions, best interests, and least restrictive option.
How is mental capacity assessed?
Mental capacity is assessed using a two-stage test: first, is there an impairment of the mind or brain? Second, does that impairment mean the person cannot make the specific decision?
What is a best interests decision?
A best interests decision is a decision made on behalf of someone who lacks capacity, taking into account their wishes, feelings, beliefs, and values, as well as their physical, emotional, and psychological needs.
What is an advance decision to refuse treatment?
An advance decision is a statement made by a person with capacity, refusing specific medical treatment in the future if they lack capacity to consent at that time.
What are the Deprivation of Liberty Safeguards (DoLS)?
DoLS are a legal framework to protect the rights of people who are deprived of their liberty in a hospital or care home, ensuring it is necessary and proportionate.
What is the Court of Protection?
The Court of Protection is a specialist court that makes decisions about the property, finances, health, and welfare of people who lack capacity.
What is an Independent Mental Capacity Advocate (IMCA)?
An IMCA is a specialist advocate who supports people who lack capacity to make specific decisions, when those decisions are about serious medical treatment or a change of accommodation, and when there is no one else appropriate to consult.
Where can I find more information about the Mental Capacity Act?
You can find more information on the conduct.edu.vn website, as well as from government resources and legal professionals.