IMCA involvement in accommodation decisions and care reviews

If the person has a power of attorney or deputy

The MCA was amended to make IMCAs available to people who have either an attorney, created by either a lasting power of attorney or enduring power of attorney, or deputy whose decision-making powers do not cover the reason for IMCA instruction (MCA Section 40(1)).

For accommodation decisions the duty to instruct an IMCA does not apply if the person has a personal welfare lasting power of attorney or a personal welfare deputy with powers to make decisions about where the person lives. Otherwise, an IMCA should be instructed where the other eligibility criteria are met.

The most common situation instructing bodies will come across is a person having a property and affairs lasting power of attorney or deputy. This should not affect the person's eligibility for any IMCA instruction for accommodation decisions. An IMCA instructed here would need to consult with the attorney or deputy on any financial issues raised for the person by the choice of accommodation.