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
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
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
Yes
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?
Always
Is the appointment time limited?
Other comments