New Legislation Mental Capacity Act 2005
This act has now come in to force from April 2007. It is designed to safeguard people who are not able to make certain decisions for themselves about where they live, and medical treatment. The act introduces a new type of advocate known as the IMCA; which stands for Independent Mental Capacity Advocate. MLDP now works within the Act and with the IMCA
The purpose of the IMCA service is to help particularly vulnerable people who lack capacity to make important decisions about serious medical treatment and changes of accommodation. It is available to those who have no family or friends whom it would be appropriate to consult about those decisions.
Where a person who lacks capacity does not have friends or relatives to consult, decision-makers in Local Authorities and NHS Trusts will have a duty to consult an IMCA where:
The decision is about serious medical treatment provided by the NHS.
· It is proposed by an NHS body or a LA that the person be moved to long-term care.
. |
A long-term move to different accommodation is being proposed by an NHS body or LA for example, to a different hospital or care home. |
. |
A care review over a change in accommodation is required. |
. |
Adult Protection issues arise. |
THe IMCA Service has to be approved by the local authority. Consequently, MLDP is part of the arrangements made for people who live in Manchester. THe IMCA Service in Manchester is being provided by an organisation called "Rethink. " Should you want to know more about Rethink, their web site address is www.rethink.org. If you want to know more about the Act itself, please click here to link to the DoH site.
