For people who have been assessed as lacking capacity to make certain decisions in specific areas of their life. The capacity assessment must be current and up to date.
We all assume a basic right to make decisions about where and how we live, as well as how we are cared for, making many choices each and every day.
Due to disability, illness or injury, some people may not be able to make the important decisions and have to trust that other people will make good decisions for them, taking in to account a persons’ best interests.
Some decisions are so important that the law (Mental Capacity Act 2005) says the person making the decision must instruct an independent advocate. An IMCA must be instructed when;
The person is aged 16 or over;
A decision needs to be made about either, serious medical treatment (SMT)or a long-term change in where the person lives (LTAM – long term accommodation move);
The person lacks the capacity to make that decision;