UK
New safeguards for vulnerable people who lack capacity
By Department of Health, UK
Jul 7, 2005, 17:56

Particularly vulnerable people who lack capacity to make their own decisions will be supported and represented by a new Independent Mental Capacity Advocate (IMCA), Health minister Rosie Winterton today announced. The IMCA service will mean that certain people who lack capacity - this may include people who suffer from dementia, Alzheimer�s disease, brain injury or a very severe learning disability - will be helped to make difficult decisions such as medical treatment choices or changes to residence. It is aimed specifically at those people who do not have relatives or friends to speak for them.

A three-month public consultation opens today covering some important operational details in setting up the IMCA service. These include:

* the main functions the IMCA will carry out;
* how to define "serious medical treatment" - one of the triggers for involving an IMCA;
* whether to extend the service to cover other groups of people or different circumstances.

The Department of Health has made �6.5 million available to set up the scheme, which was introduced under the Mental Capacity Act 2005. Implementation is planned for April 2007.

Rosie Winterton said:

"I am delighted to announce the launch of the consultation on the Independent Mental Capacity Advocate (IMCA) service. The IMCA is an important new safeguard for the most vulnerable people who lack capacity and we want to continue to work closely with interested parties in implementing this service. During the passage of the Mental Capacity Bill I said that we would consult on whether to extend this safeguard to other groups of people beyond those who have no family or friends and to other situations beyond decisions about serious treatment and changes of accommodation.

"We want to hear the views of all those involved , including from people who may lack capacity now or in the future, families and carers, health and social care professionals, care homes, independent and voluntary sector providers and independent advocacy organisations. I look forward to seeing a wide range of responses during the consultation process."

Department for Constitutional Affairs minister Baroness Ashton said:

"The Mental Capacity Act is an important step towards empowering vulnerable people who lack mental capacity to make decisions for themselves. The consultation paper on the Independent Mental Capacity Advocacy service gives everyone the opportunity to tell Government how they want this service to operate and continues the open dialogue we had during the passage of the Bill with all people who are affected by a lack of capacity."

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