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Proxies, representatives and advocates:

Donee (property and financial affairs)

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

Person given a Lasting Power of Attorney to make decisions about a matter or matters concerning Q's property and financial affairs

This role applies when

Q has appointed the donee under a Lasting Power of Attorney for property and financial affairs, and subsequently loses capacity OR authorises the donee to act on his/her behalf

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
Donee (property and financial affairs)
Mental Capacity Act 2005, S.10
https://www.legislation.gov.uk/ukpga/2005/9/section/10
The person in this role
The role involves

is professionally qualified to perform the role

Sometimes

Sometimes

speaking for/on behalf of Q

Yes

Yes

has a professional relationship with Q

Sometimes

Sometimes

acting in Q's best interests

Yes

Yes

has a personal relationship with Q

Usually

Usually

ensuring Q's understanding

Yes

Yes

is independent of the organisation(s) involved

being consulted about Q's health and welfare

Yes

has lived experience of Q's care and support needs

Occasionally

Occasionally

being consulted about Q's finances

Yes

Yes

making decisions about Q's health and welfare

Yes

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

Multiple - joint and/or several

Person aged 18+ OR trust corporation

Q via Lasting Power of Attorney

Is the appointment time limited?

Other comments

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