Before making an Independent Mental Capacity Advocacy (IMCA) referral, we have some guidance on who is appropriate to consult with.
Someone appropriate is not necessarily next of kin. A person is usually appropriate to consult if:
- They have Lasting Power of Attorney (LPA) for Health and Welfare.
- They have been named by the person as someone to be consulted in a relevant decision
- They are engaged in caring for them in an unpaid capacity
- They are interested in the welfare of the person
If someone disagrees with the decision maker, this does not make them inappropriate to consult.
No family or friends:
- Family and friends don’t want to be involved
- Family or friends, but limited contact e.g. they live abroad
- Concerns that family or friends are not acting in the person’s best interests
For more information see Chapter 10 of the Mental Capacity Act Code of Practice: https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice
