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Independent Mental Capacity Advocates (IMCA)

What is mental capacity?

Every day, we make decisions about our lives. These decisions could be about simple things like what we eat or what we wear. They could also be about more major things like our health, our care and our finances.

Our ability to make decisions is called mental capacity.

What is the Mental Capacity Act?

The Mental Capacity Act is a new law that came into force in April 2007.

The Act states that everyone should be treated as able to make their own decisions until it is shown that they can't. It aims to enable people to make their own decisions for as long as they are able to do so.

The Act also protects people who lose the ability to make their own decisions by:

  • Allowing the person, while they are still able, to appoint someone (for example a trusted relative or friend) to make decisions on their behalf once they lose the ability to do so.
  • Ensuring that decisions that are made on the person's behalf are in their best interests. The Act provides a checklist of things that decision makers must work through.
  • Introducing a Code of Practice for people such as health and social care workers who support people who have lost the capacity to make their own decisions.

People with no one to act for them will also be able to leave instructions for their care.

What are Independent Mental Capacity Advocates (IMCA’s)?

The Mental Capacity Act also creates a new service, Independent Mental Capacity Advocates (IMCA’s).The purpose of Independent Mental Capacity Advocates (IMCA’s) are to help vulnerable people who lack capacity to make their own decisions and who do not have relatives or friends to speak for them when serious or difficult decisions are being made.

Independent Mental Capacity Advocates (IMCA’s) look at the way decisions are being made but do not make decisions on behalf of the person they represent. They are independent of Oldham Council and always aim to ensure that the best interests of the person are being considered.

For more information about Independent Mental Capacity Advocates click here

Or visit our fact sheets:

The Independent Mental Capacity Advocate (IMCA) service for Oldham Council is run by Advocacy Experience

For more information about Advocacy Experience click here

If you need the support of an Independent Mental Capacity Advocate (IMCA) there is a referral form that you can fill out and return to Advocacy Experience. Please click here to download the form

CO/07/2008