Proxies, representatives and advocates:
Appropriate person
Please note: In these descriptions of proxies, representatives and advocates, Q refers to the person whom the proxy, representative or advocate is supporting or representing.
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I am at an early stage of developing this resource, so please bear with me as I work on it.
Purpose of the role
Involved in assessments, care and support planning, reviews, safeguarding enquiries/reviews
This role applies when
Q would experience substantial difficulty in understanding, retaining, using or weighing, communicating information
Applies in mental capacity situations?
Applies in mental health situations?
Applies in day-to-day situations?
Always
Sometimes
Statutory definition of the role (if any)
Defined term | Source | Source_URL |
|---|---|---|
Appropriate person; Independent advocate | The Care and Support (Independent Advocacy Support) (No. 2) Regulations 2014, reg 4 | https://www.legislation.gov.uk/uksi/2014/2889/regulation/4/made |
Appropriate person; Independent advocate | Care Act 2014, S.67 | https://www.legislation.gov.uk/ukpga/2014/23/section/67 |
The person in this role
The role involves
is professionally qualified to perform the role
Never
speaking for/on behalf of Q
Yes
has a professional relationship with Q
Sometimes
acting in Q's best interests
Yes
has a personal relationship with Q
Sometimes
ensuring Q's understanding
Yes
is independent of the organisation(s) involved
Always
being consulted about Q's health and welfare
has lived experience of Q's care and support needs
Sometimes
being consulted about Q's finances
making decisions about Q's health and welfare
managing Q's finances
Is the person formally appointed to this role?
How many people can perform this role at one time?
Are there any other criteria for appointment?
Who nominates/appoints them?
Must be
No professional involvement.
Legislation implies that the Appropriate Person could be a friend or family member.
Q (if capacitous), otherwise local authority
Is the appointment time limited?
Other comments
Duration of assessment, planning or safeguarding process
CASSG refers to situations where there is no suitable person to be the appropriate person - 'suitable person' is not the term defined in law