Further Key Provisions
Independent Mental Capacity Advocate (IMCA)
Available at all Barts Health sites - see Intranet for further detail
They are appointed to support a person who lacks capacity but has no-one to
speak for them. They make representations about the person's wishes, feelings,
beliefs and values. Alerting the decision-maker of all relevant factors.
 
Advance decisions to refuse treatment - Statutory rules with clear
safeguards
 
confirm that people may make a decision in advance to refuse treatment should
they lose capacity in the future, however, will have no application to any treatment
a doctor considers necessary to sustain life unless strict formalities have been
complied with.
 
A Criminal Offence
 
The Act 2005 introduces a new criminal offence of ill treatment or neglect of a
person who lacks capacity. A person found guilty of such an offence may be liable
to imprisonment for a term of up to 5 years