ABSTRACT
Independent Mental Capacity Advocates (IMCAs) The Mental Capacity Act was drafted with the expectation that most people who would lack capacity to make an important decision (for example, about medical treatment or where to live) would have family members or friends who could be consulted by any decision-maker. This process would be governed by the best interests checklist in Section 4 of the Act. Section 40 states that if someone has been nominated by the person (when they had capacity to do so) to be consulted in matters affecting their interests, there will be no requirement to instruct an IMCA. This will also be the case if there is a donee of a lasting power of attorney or a deputy appointed by the Court of Protection for the person. Essentially, the IMCA service was created for people who lack family, friends or an appointed person to help represent their best interests.
