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Proxies, representatives and advocates:

Authorised person (Mental Capacity Act)

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

Can execute a will on behalf of Q if authorised/directed by the Court of Protection

This role applies when

Q lacks capacity

Applies in mental capacity situations?

Applies in mental health situations?

Applies in day-to-day situations?

Always

Always

Statutory definition of the role (if any)
Defined term
Source
Source_URL
Authorised person
Mental Capacity Act 2005, Schedule 2
https://www.legislation.gov.uk/ukpga/2005/9/schedule/2
The person in this role
The role involves

is professionally qualified to perform the role

Sometimes

Sometimes

speaking for/on behalf of Q

has a professional relationship with Q

Sometimes

Sometimes

acting in Q's best interests

has a personal relationship with Q

Sometimes

Sometimes

ensuring Q's understanding

is independent of the organisation(s) involved

being consulted about Q's health and welfare

has lived experience of Q's care and support needs

being consulted about Q's finances

making decisions about Q's health and welfare

managing Q's finances

Yes

Yes

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

Person nominated by Court of Protection

Court of Protection

Is the appointment time limited?

Other comments

Different from Care Act definition

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