Independent Mental Capacity Advocacy
(IMCA)

A Department of Health pilot

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How will an advocate find out about a person’s ‘best interests’?

The draft Code of Practice for the Mental Capacity Act sets out a checklist that all IMCA advocates will be expected to follow when finding out about someone’s best interests.

• First, they will have to listen to any views that the person can express:
  
  The fact that the person lacks capacity does not mean that he/she can be cut out or ignored.
  

• Then, the advocate must consider any beliefs or values the person holds that may have a bearing on the decision to be made.
  

• The advocate must consider the person’s human rights as laid out in the Human Rights Act.
  

• The advocate must also find out if the person is likely to regain the ability to make the decision in the future.

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Dorset Advocacy,
Suite 1,
3 Princes Street,
Dorchester
DT1 1TP

Tel: 01305 251033
Fax: 01305 266853

Registered charity number 1096040

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