Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Advocate definition

What does Advocate mean? A courtroom lawyer who presents cases and provides specialist advice on litigation and appeals. In Scotland, an Advocate is a member of the Faculty of Advocates (the Scottish Bar), broadly equivalent to a barrister, with full rights of audience in all Scottish courts (including the Court of Session and High Court of Justiciary) and in the UK Supreme Court. Advocates typically act on instruction from a solicitor, with limited public/direct access permitted under Faculty rules. The term is a regulated professional title in Scotland rather than a single statutory definition; rights of audience are set by professional regulation and legislation....

Independent Mental Capacity Advocates in England: appointment criteria, mandatory/discretionary referrals, roles and powers under the MCA 2005, covering serious medical treatment, long-term accommodation moves, DOLS and LPS developments

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Practice notes

Please note, this PrACTice Note is confined to English Law alone. Since devolution, a range of divergences has emerged between England and Wales concerning numerous elements of the legal Rules governing the appointment of independent mental capacity Advocates. IMCAs were established under the Mental Capacity Act 2005 (MCA 2005). Their role is to support local authorities and the National Health Service (NHS) in relation to people aged over 16 who lack mental capacity, where a choice is needed that will substantially affect their health and wellbeing, or their long-term care and accommodation.

The independent mental capacity advocate service

The service delivered by an IMCA is intended solely for situations in which the individual has nobody else available to assist them or to articulate their preferences, entitlements and requirements on their behalf...

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Web page updated on 21/05/2026

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