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
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
speaking for/on behalf of Q
has a professional relationship with Q
Sometimes
acting in Q's best interests
has a personal relationship with Q
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
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