You Have The Right To an IMCA If

  • You have been assessed as lacking capacity to make certain important decisions at the time the decisions need to be made
    you have nobody else to support or represent you, or to be consulted (other than paid staff).
    An IMCA must be instructed, and then consulted, in relation to the following decisions:
    An NHS body is proposing to provide serious medical treatment
    An NHS body or a local authority is proposing to arrange a change of accommodation to hospital or a care home, and:

    • you will stay in hospital longer than 28 days, or
    • you will stay in the care home for more than 8 weeks.

An IMCA may be instructed, and then consulted, in relation to the following decisions:

  • care reviews, where nobody else is available to be consulted
  • adult protection (or ‘safeguarding’) cases, whether or not family, friends or others are involved.
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