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If you can’t make decisions

Find out what happens if you need help to make decisions about your social care.

If you can't make decisions for yourself about your social care needs, there are options. We can talk to your relatives and/or someone who holds a Power of Attorney on your behalf. Or it may be that the Court of Protection have appointed someone to act on your behalf.

Independent advocacy

We will always act in your best interests. If there is no-one to act on your behalf, we must arrange an independent advocate. They can help you with this self-assessment process if you have difficulty:

  • Understanding relevant information.
  • Remembering information.
  • Using or weighing up information. For example, being able to see the advantages and disadvantages in different options.
  • Communicating your views, wishes and feelings. 

An independent advocate is a trained professional. They can help you to express what you want to say. They can make sure that the end result of the assessment reflects your wishes.

The advocate may also suggest a face-to-face assessment. They will do this if they think that self-assessment is not right for you.

There are several advocacy services in Torbay.

Independent Care Act Advocacy (ICAA)

Support for people who may be eligible for:

  • care assessments
  • support plans
  • care reviews
  • safeguarding investigations

It is likely the person finds it difficult to get involved and has no appropriate person to support them. This falls under the Care Act 2014.

Independent Mental Health Advocacy (IMHA)

Support for people facing decisions about:

  • types of treatment
  • medication options
  • being detained under the Mental Health Act 2007

Independent Mental Capacity Advocacy (IMCA)

Support for people who lack the capacity to make important decisions. This could include decisions about where to live and medical treatment options. IMCAs represent people who don't have family members or friends around. This falls under the Mental Capacity Act 2005.

Independent Health Complaints Advocacy (IHCA)

Support for people who want to make a complaint about NHS funded care or treatment. This falls under the Health and Social Care Act 2012.

Find an advocacy service

If you need help to find an advocate, please contact us on 01803 219700.