Representing someone as an IMCA, RPR, or litigation friend

A deprivation of liberty would be justifiable if:

• A person lacks the mental capacity to consent to the care arrangements
• The local authority or Integrated Care Board is aware of these arrangements
• A person is confined to a certain place for a long period of time, under constant supervision.

Care homes and hospitals must follow the Deprivation of Liberty Safeguards (DoLS) when they limit people's freedom. It must be in the person's best interests, and formally authorised by independent professionals.

When someone lacks the mental capacity to make a decision about an issue, an Independent Mental Capacity Advocate (IMCA) is often appointed. They’ll help decide what’s in the person's best interests if there’s no one else appropriate.

Relevant Person Representatives (RPRs) represent people facing a Deprivation of Liberty Safeguards (DoLS) authorisation in a hospital or care home. The RPR supports them through the process and can help them challenge their deprivation of liberty if needed.

When no one else can take on the role of representative, a paid relevant person's representative (PRPR) is appointed.

The Court of Protection helps people who are mentally unable to make their own decisions. It makes decisions for them about their money, property, health or welfare. The Court can also give these powers to someone else if decisions need to be made on an ongoing basis. This person is known as a Deputy.

We can help you apply to be a Deputy or we can act as a Deputy for someone. The Court of Protection can intervene if there are disputes about any decisions made for a mentally incapable person. They can also help with disputes around who should be making decisions.

The Mental Capacity Act 2005 ('the MCA') is the law which sets out how to make decisions for people who lack mental capacity. Under the law, any decision made must be in the best interests of the person in question.

People involved with decision-making could include family members, advocates (including IMCAs), care home managers and other care organisations. In most cases, everyone involved can agree on a decision through 'best interests' decision-making process under the MCA.

Any serious disputes can be referred to the Court of Protection for a decision.