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Question: Unit LHS39 - Independent Mental Capacity Advocacy
NVQ 5 Health and social care management

Understand and use the Mental Capacity Act
1.1 - Explain key principles of the Mental Capacity Act 2005
1.2 - Analyse powers within the Mental Capacity Act 2005
1.3 - Use research skills to identify a range of provisions within the Mental Capacity Act 2005
1.4 - Explain who may be affected by the Mental Capacity Act 2005 and why

Provide Independent Mental Capacity Advocacy (IMCA)
2.2 - Analyse the role and responsibilities of an IMCA
2.3 - Summarise rights afforded to an IMCA within the Mental Capacity Act 2005
2.5 - Assess a range of potential challenges which IMCAs can face in practice
2.7 - Evaluate the differences between IMCA and general Advocacy
2.9 - Summarise the role of commissioners

Work with the decision maker
3.1 - Identify the decision maker
3.2 - Identify good practice in partnership working between the decision maker and the IMCA
3.5 - Evaluate the correctness of the assessment of capacity
3.6 - Identify the requirements for accepting referral when family are involved
3.7 - Identify which IMCA service is responsible to represent an individual in different geographical areas

Challenge decisions made by the decision maker
4.1 - Map out the decision making process within each area an IMCA may be involved

Work with accommodation and care review referrals
6.2 - Evaluate the differences and similarities in a range of types of accommodation
6.7 - Explain the function of a range of regulatory bodies

Work with serious medical treatment referrals
7.1 - Summarise the criteria for serious medical treatment
7.6 - Explain the importance of seeking a second medical opinion
7.7 - Identify risks, benefits and ethical issues connected to medical treatments
7.8 - Explain the process of referral in medical systems to access treatment

Work with adult protection referrals
8.1 - Identify the different stages at which the IMCA may be instructed within Adult Protection Procedures
8.2 - Identify a range of situations the IMCA may represent the individual during adult protection meetings
8.7 - Identify a range of protection plans which may be formulated within Adult Protection strategy meetings
8.8 - Summarise the issues involved in communicating with families in adult protection cases

Construct an IMCA written report that meets statutory requirements
9.1 - Identify a range of issues that should be addressed within an IMCA report
9.2 - Identify what should never be in an IMCA report
9.4 - Identify good practice in recording case work
9.5 - Explain the impact of data protection legislation on the recording of work

References

Answer: An Independent Mental Capacity Advocate (IMCA) is someone instructed to support and represent a person who lacks capacity to make certain serious decisions. They need to be approved by the LA to undertake their role, which is to gather information, provide support to the person concerned and make representations about that person’s wishes, feelings, beliefs and values, at the same time as bringing to the attention of the decision-maker all factors that are relevant to the decision. They will also be able to challenge the decision-maker.
Prior to the IMCA undertaking any work they must confirm that the person instructing them has the authority to do so. Once the have found that they are authorized to represent the individual, the IMCA should interview or meet in private the person who lacks capacity, if possible and try to find out what the person’s wishes and feelings, beliefs and v...(short extract)

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  • Subject: Health and Social Care
  • Course: NVQ 5 Health and social care management
  • Level: Further Education
  • Year: Not applicable
  • Mark: Not available
  • Words: 5183
  • Date submitted: August 05, 2018
  • Date written: August, 2017
  • References: Yes
  • Document type: Essay*
  • Essay ID: 8470

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