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Proxies, representatives and advocates:

Lawfully acting on their behalf

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

Umbrella term for authority given under the Mental Capacity Act (inc Advance Decision to Refuse Treatment, a donee appointed under Lasting Power of Attorney, a court appointed deputy, court decision, Best Interests Assessor.

Also includes parental responsibility and authority under the Mental Health Act.

This role applies when

Q lacks capacity

Applies in mental capacity situations?

Applies in mental health situations?

Applies in day-to-day situations?

Sometimes
Sometimes

Sometimes

Sometimes

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Statutory definition of the role (if any)
Defined term
Source
Source_URL
The person in this role
The role involves

is professionally qualified to perform the role

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speaking for/on behalf of Q

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has a professional relationship with Q

Sometimes

Sometimes

acting in Q's best interests

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has a personal relationship with Q

Sometimes

Sometimes

ensuring Q's understanding

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is independent of the organisation(s) involved

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being consulted about Q's health and welfare

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has lived experience of Q's care and support needs

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being consulted about Q's finances

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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?

Always

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Is the appointment time limited?

Other comments

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