SCHEDULES
F1SCHEDULE AA1Deprivation of liberty: authorisation of arrangements enabling care and treatment
Part 5Appointment of IMCA
43Appointment of Independent Mental Capacity Advocate
1
If the cared-for person has an appropriate person, the responsible body must take all reasonable steps to appoint an IMCA to support the appropriate person if—
b
sub-paragraph (4) does not apply.
2
An IMCA should be appointed if the appropriate person—
a
has capacity to consent to being supported by an IMCA, and
b
makes a request to the responsible body for an IMCA to be appointed.
3
An IMCA should be appointed if—
a
the appropriate person lacks capacity to consent to being supported by an IMCA, and
b
the responsible body is satisfied the appropriate person’s being supported by an IMCA would be in the cared-for person’s best interests.
4
This paragraph does not apply if an IMCA has been appointed under this paragraph and the appointment has not ceased to have effect.
Sch. AA1 inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1