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1. Adults Lacking Mental Capacity

Where an Adult at Risk lacks mental Capacity to make decisions about their care and safety relating to a safeguarding enquiry, an Independent Mental Capacity Advocate (IMCA) should be appointed whenever decisions about protective actions are being made in the person’s Best Interest.

2. Adults with Mental Capacity

Where an Adult at Risk has mental Capacity to make decisions about their care and safety relating to a safeguarding enquiry, the local authority must arrange, where appropriate, for an independent advocate to represent and support an adult who is the subject of a safeguarding enquiry or Safeguarding Adult Review (SAR) where the adult has ‘substantial difficulty’ in being involved in the process and where there is no other suitable person to represent and support them.

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