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Independent Mental Capacity Advocates

Court of Protection

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If you are appointed as an Independent Mental Capacity Advocate (IMCA) or Relevant Person’s Representative (RPR), you may need access to reliable legal advice as part of your responsibilities. 

Benefit from the support, advice, experience and representation of Cartwright King’s Mental Capacity Solicitors to help challenge decisions or a Deprivation of Liberty made against someone you’re appointed to represent.

For honest, compassionate legal advice, get in touch with Cartwright King, today.

How Cartwright King Can Help IMCAs and RPRs

As an IMCA or RPR, there’s a lot of pressure on you to fulfil your duties and act in the best interests of someone whose decisions are made for them because they don’t have the mental capacity to decide for themselves.

Cartwright King supports professionals, family members and friends who are appointed as IMCAs or RPRs, with extensive experience of dealing with both. At the heart of everything we do is the person who lacks capacity.

We can help with:

  • Reviewing and challenging a Deprivation of Liberty Authorisation
  • Bringing Court of Protection proceedings on behalf of someone who lacks mental capacity
  • Disputes about a person’s capacity to make particular decisions 
  • Disputes about what is in a person’s best interests.

Benefit From a Free, Initial Telephone Conversation

As an Independent Mental Capacity Advocate or Relevant Person’s Representative, it’s always best to get legal advice when challenging decisions made on behalf of someone who does not have the mental capacity. 

Having experienced Mental Capacity Advocate on your side makes all the difference to the outcome because you’re better prepared, the legalities are clearly explained to you and you have a strategy to help you move forward.

That’s why Cartwright King offers a free, initial telephone conversation. There’s no substitute for speaking to one of our specialist Mental Capacity Solicitors to get the right advice and ensuring that you’re acting in the best interests of the person you’re representing.

For immediate action, contact us for your free* initial discussion. 

The discussion is completely informal and confidential, and is an opportunity for us to:

  • Get to know you 
  • Understand your situation
  • Advise you on legal fees
  • Agree how you want to proceed

*Please be aware that this is a ‘get to know you’ call and no detailed advice will be given.

Why Choose Cartwright King For Legal Advice?

We listen, we understand and we care about the legal rights of all people that we represent. We know the burden that comes with serving as an Independent Mental Capacity Advocate or Relevant Person’s Representative. 

That’s why we’re committed to lightening the load and helping IMCAs and RPRs navigate the legalities of any decisions that affect a person’s life,  ensuring that they’re treated with respect and dignity throughout the case, and the best interests of those you’re representing are protected.

When you need us most, we’ll be there to offer sound, sensible legal advice and sure guidance.  

We’re a trusted, resourceful Legal 500 top tier law firm with specialist solicitors that are calm under pressure, giving you legal support that you can count on, no matter how complex your case.

Legal Fees

Legal Aid may be available to cover the cost of legal representation in the Court of Protection. This means that a person’s legal costs could be wholly or partially paid from the Legal Aid Agency.

If someone is subject to a Deprivation of Liberty and wishes to challenge this, they have the right to non-means tested Legal Aid. In other cases, they could be eligible for means-tested Legal Aid.

Cartwright King will always advise whether Legal Aid is available.

However, if a person is ineligible for Legal Aid, Cartwright King will discuss private fee paying options and payment plans. The priority is ensuring that you have access to the highest standard of legal representation.

We're here for you.

Frequently asked questions.

An IMCA is a professional appointed under the Mental Capacity Act 2005 to represent a person who lacks the capacity to make specific important decisions, when there is no one independent of services who is able to represent that person – such as a family member or friend.

An IMCA can only work with an individual once they have been instructed by an appropriate person or body.

The IMCA role is to support and represent the person in the decision-making process. 

The function of an IMCA is to gather information relevant to an individual’s case, evaluate the information obtained, make representations on behalf of the individual they are representing and challenge any decisions made on behalf of an individual that do not represent their best interests.

An IMCA must empower and protect people lacking the mental capacity to make important decisions for themselves. This can be on anything from care to where they live. An IMCA must try to honour a person’s wishes, respect their feelings and support them with any big decisions that need to be made.

If a person’s wishes are not feasible, it’s up to the IMCA to explain any alternative options to them, ensure that they are properly explored and considered before a decision is reached on the individual’s behalf.

Depending on the circumstances, an IMCA may be required to support people in the Court of Protection, speaking on their behalf to challenge any restrictions imposed on them or their deprivation of liberty in a hospital or care home.

Unlike an IMCA, an RPR can be a family member or friend of the person who lacks the capacity to make decisions for themselves, as well as a professional.

Under the Mental Capacity Act 2005, once a standard authorisation under the Deprivation of Liberty Safeguards (DoLs) has been approved, the supervisory body (NHS body or local authority) must appoint a Relevant Person’s Representative (RPR) as soon as possible and practical to represent the person who has been deprived of their liberty.

The role of the RPR is to maintain contact with the relevant person, and to represent and support the relevant person in all matters relating to the DoLs.  Including, if appropriate, triggering a review, using an organisation’s complaints procedure on the person’s behalf or making an application to the Court of Protection.

The RPR has an important role in the Deprivation of Liberty process.  They represent the relevant person and provide support that is independent of the commissioners and providers of the services they are receiving.

The Court of Protection is a special court that assesses cases involving people who lack the capacity to make decisions for themselves. Cases are referred to the Court of Protection when serious decisions need to be made concerning their care, personal health, finances or welfare.