Proxies, representatives and advocates
Early in the development of the Glossary, it became clear that there is a lot of confusion about the many proxy, representative and advocate roles, both formal and informal, which exist in social care.
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Many of these roles are set out in legislation and have specific duties, powers and constraints. This index sets out these specific details in a more structured way than the generic Glossary entries.
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In this index, the person being represented by the proxy, representative or advocate is referred to as Q. The Mental Capacity Act refers to them as P, but many of these situations have nothing to do with mental capacity, so Q has been pressed into service as a more universal term.
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I am still at an early stage of developing this resource, so please bear with me - and please comment on anything you feel needs further clarification or correction.
Advises on Q's best interests regarding medical treatment, accommodation, and / or safeguarding protection planning if Q lacks the mental capacity to make the relevant decisions and there is no-one else suitable whom it would be appropriate to consult on Q's best interests. IMCAs have set statutory functions and don't 'represent' the people they advocate for.
Umbrella term for authority given under the Mental Capacity Act (inc Advance Decision to Refuse Treatment, a donee appointed under Lasting Power of Attorney, a court appointed deputy, court decision, Best Interests Assessor.
Also includes parental responsibility and authority under the Mental Health Act.
Has certain rights in respect of a person who is or who may be made subject to the Mental Health Act. The nearest relative can request a Mental Health Act assessment, can object to their relative being detained under the Act, and can apply for their relative to be discharged from detention under the Act.
'- Maintains contact with the relevant person [Q], and
- Represents and supports the relevant person in all matters relating to the deprivation of liberty safeguards, including, if appropriate, triggering a review, using an organisation's complaints procedure on the person's behalf or making an application to the Court of Protection.