Proxies, representatives and advocates:
Guardian
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.
​
I am at an early stage of developing this resource, so please bear with me as I work on it.
Purpose of the role
Appointed under the Mental Health Act to help and supervise patients in the community for their own welfare or to protect other people. The guardian may be either a local authority or a private individual approved by the local authority.
This role applies when
Q suffers from a mental disorder and requires help and supervision to continue living in the community
Applies in mental capacity situations?
Applies in mental health situations?
Applies in day-to-day situations?
Sometimes
Always
Occasionally
Statutory definition of the role (if any)
Defined term | Source | Source_URL |
|---|---|---|
Guardian | Mental Health Act 1983, S.7 | https://www.legislation.gov.uk/ukpga/1983/20/section/7 |
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
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
One
Local authority OR person [aged 18+] nominated by LA
Local authority
Is the appointment time limited?
Other comments