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FAQs
- When does the Mental Capacity Act come into force?
- What is mental capacity?
- Who decides if someone has the capacity to make a decision or not?
- What happens if someone lacks capacity to make the decision for themselves?
- What is an Independent Mental Capacity Advocate (IMCA)?
- Can I plan ahead for the future?
- The Mental Capacity Act and the Mental Health Act's Guardianship Order section seem to be in direct conflict, please explain.
Guidance
Getting help with difficult decisions
An Independent Mental Capacity Advocate (IMCA) is appointed to support and represent a person who lacks capacity faced with a serious decision. Their role is to make representations about that person’s wishes, feelings, beliefs and values, at the same time bringing to the attention of the decision-maker all factors that are relevant to the decision. They will also be able to challenge the decision-maker if appropriate.
- View contact details for Lancashire's Independent Mental Capacity Advocates
- IMCA awareness day, 20 November 2007 at the University of Central Lancashire (Microsoft Word Doc, 527 KB)
Guidance from the Department for Constitutional Affairs
The Department for Constitutional Affairs has published the following guidance documents for:
- People who may be unable to make some decisions for themselves/ who wish to plan ahead for the future
- Family,
friends and unpaid carers
- Making decisions about your health, welfare and finances
Mental Capacity Act 2005 information leaflet
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