View source for Limitation to the exceptions to the duty to instruct IMCA

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==Extract from Explanatory Notes==
'''Section 49: Independent mental capacity advocates: exceptions '''

192. Under the MCA an independent mental capacity advocate (IMCA) must be appointed in 
specified situations to support and represent particularly vulnerable people who have no
family or friends or others whom it would be appropriate to consult.  Section 40 of the MCA 
provides some limited exceptions to the requirement to appoint an IMCA in these
circumstances. 

193. Section 49 substitutes a new version of section 40, to limit the exceptions to the duty to 
instruct an IMCA. The amendment ensures that there will still be a duty to instruct an IMCA 
(for health and social care issues) for someone who lacks capacity even if they have someone 
to represent them on different issues, for example financial issues. There is no such duty if 
they already have someone to represent them on the same issue. 

==Commencement==
{{mha change info|1/10/07|3|49|[[MCA 2005 s40]]}}

==Resources==

[[Mental Health Act 2007 Explanatory Notes]] - page 35
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