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Proxies, representatives and advocates
Click on the links below for details of the different roles played by various proxies, representatives and advocates - the legal basis of these roles, the criteria for appointment, and their terms of reference. For full definitions of each role, please click here.
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.
We are at an early stage of developing this resource, so please bear with us as we work on it.
Advises on Q's best interests regarding medical treatment, accommodation, and / or safeguarding protection planning if Q lacks the mental capacity to make the relevant decisions and there is no-one else suitable whom it would be appropriate to consult on Q's best interests. IMCAs have set statutory functions and don't 'represent' the people they advocate for.
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.
Has certain rights in respect of a person who is or who may be made subject to the Mental Health Act. The nearest relative can request a Mental Health Act assessment, can object to their relative being detained under the Act, and can apply for their relative to be discharged from detention under the Act.
- Maintains contact with the relevant person [Q], and
- Represents and supports the relevant person in all matters relating to the deprivation of liberty safeguards, including, if appropriate, triggering a review, using an organisation's complaints procedure on the person's behalf or making an application to the Court of Protection.