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: