IMCA involvement in accommodation decisions and care reviews
The Code of Practice (10.56) says IMCAs should be instructed for people who fund all their own accommodation, if the local authority:
- carries out an assessment under Section 47 of the NHS and Community Care Act 1990, and
- decides it has a duty to the person (under either Sections 21 or 29 of the National Assistance Act 1947 or Section 117 of the MHA 1983).
Self-funders who have been assessed as lacking capacity to make decisions about their accommodation are unlikely to have capacity to make decisions about payment. Often they will have an attorney, set up by an enduring or lasting power of attorney, to manage their money. In other situations, particularly where a person recently lost capacity, or a spouse or civil partner who previously managed the finances recently died, an application may need to be made to the Court of Protection to appoint a deputy to manage the person's property and affairs. (See If the person has a power of attorney or deputy which looks at IMCA eligibility in these cases).