Independent Mental Capacity Advocacy (IMCA), including DoLS

IMCA: An IMCA can be instructed (asked to represent a person) when a decision needs to be made about:
Serious medical treatment - when the NHS wants to give new treatment, stop treatment that is already being given or when they do not want to start treatment or
A change of accommodation - when the NHS or local council wants to move a person to hospital for more than 28 days or to other accommodation for more than 8 weeks.
It should also be considered whether it would be helpful for an IMCA to be instructed for two other issues:
Safeguarding Adults from Abuse – when the NHS or local council receives a report of abuse and either the person reported to have been abused or reported to be the abuser lacks capacity to understand the plans being made to prevent the abuse. This is the only type of issue where the person can have family or friends to support them and still have IMCA support.
Care Reviews – when the NHS or local council has arranged accommodation or wants to review arrangements for a person who lacks capacity.
 
DoLS: When Leicestershire County Council is considering a DoLS authorisation an Independent Mental Capacity Advocate (IMCA) should be appointed for anyone who does not have a suitable friend or family member to speak for them. The IMCA supports the person and collects information about them including their beliefs, values and previous behaviour and uses this to write a report for the assessors. The IMCA can also challenge decisions made by the assessors. This is a 39A IMCA.
 
An IMCA can also be appointed for a person who has an unpaid representative if:
The person asks for support
 
or The unpaid representative asks for support
 
or The Supervisory Body thinks either the person or the unpaid representative would benefit from support.This is a 39D IMCA.