Independent Mental Capacity Advocacy

The Mental Capacity Act 2005 is a law that:
→ Gives people rights who have been assessed as lacking capacity to make a specific decision at the time the decision needs to be made.
→ Helps people plan for their future should they lose the mental capacity to make decisions for themselves.
→ Provides a framework for people who make decisions for people on their behalf.

→ You should assume that an individual has capacity to make their own decisions.

→ All practical steps should be taken to help people make their own decisions

→ Individuals should not be classified as lacking capacity if they make unwise decisions

→ Decisions taken on behalf of someone who lacks capacity must be taken in that persons best interest.

→ Before any decisions are made, the least restrictive option on the person’s rights and freedom must be considered.

If you think you, a family member, or someone you are working with is eligible for support from an Independent Mental Capacity Advocate, you can refer yourself by:

Calling us on 0300 303 8037 Or via our online referral form wearepeoplefirst.co.uk/referrals

Please note: if you are a professional making a referral on behalf of someone you are working with, we only accept referrals via our online referral form. You are welcome to telephone us prior to making the referral for information and guidance.

There are several different people who may make the decision for you.

This depends on the type of decision to be made and what steps you have taken to prepare for a time that you may lose capacity to make some decisions yourself.

These are:

Lasting Power of Attorney. There are two types of Lasting Power of Attorney (LPA). There is one for finances and one for health and welfare decisions. You can have one or both. LPAs are put in place when a person has capacity to choose who they might like to make welfare or financial decisions on their
behalf in the future if they lost capacity. If a person has LPAs in place, they will be able to make certain decisions on your behalf.

Court Appointed Deputies. Court Appointed Deputies are people appointed by the Court of Protection to make decisions on someone’s behalf. It may be that a person lost capacity before they could select an LPA. If someone is identified as suitable, a Court application can be made.

Advanced Decisions. Some people write advanced decisions, and these must be considered when the person does not have the capacity to make a decision which the Advanced Decision relates too. For example, if someone has made an advanced decision not to be resuscitated then they cannot and should not be resuscitated in line with their wishes. People can only make an advanced decision if they are 18 or over and they have capacity to make the decision.

Decision Makers. If there are no LPAs, Advanced Decisions or Court Appointed Deputies, the decision maker will be either the:
→ Local Authority - e.g. social worker
→ Health Professional - e.g. Doctor, Consultant
It is the decision makers responsibility to work out what would be in the best
interests of the person who lacks capacity.

Independent Mental Capacity Advocates do not formally assess your capacity to make a decision. However, they might form a view. An example is if you have been assessed as lacking capacity to make a decision about your change of accommodation but you can tell us where you want to live and remember why you want to live there, we might think you do have capacity to make your own decision. In this instance, we would ask for another capacity assessment on your behalf

No, an Independent Mental Capacity Advocate is there to safeguard your rights and make sure you are included in decisions about you. We write reports for the people who make the decisions, and they have to take into account our reports when making their decision.