Before making an Independent Mental Capacity Advocacy (IMCA) referral, we have some guidance on who is appropriate to consult with.

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

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.

For more information see Chapter 10 of the Mental Capacity Act Code of Practice: