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Who would need an IMCA?

In some situations, and IMCA must be provided to someone, whether they have requested one or not. This is called, non-instructed advocacy. This would happen if:

  • The person is aged 16 or over
  • A decision needs to be made about either a long-term change in accommodation or serious medical treatment,
  • The person lacks capacity to make that decision, and
  • There is no one independent of services, such as a family member or friend, who is “appropriate to consult”.

In some cases, for example in Care Reviews and Adult Protection situations, an IMCA may also be provided. This is particularly true for Adult Protection cases, where an IMCA may be provided even if family and friends are there to consult with.