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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.

Umbrella term - see Independent Mental Health Advocate, Independent Mental Capacity Advocate etc

Manages benefits payments on behalf of Q

Safeguards the rights, entitlements and welfare of juveniles and vulnerable persons when detained/questioned by police

Involved in assessments, care and support planning, reviews, safeguarding enquiries/reviews

Manages direct payments on behalf of Q

Can execute a will on behalf of Q if authorised/directed by the Court of Protection

Somebody paid or contracted to provide care and support, as distinct from an unpaid carer. Not really a proxy role.

Provides unpaid care and support

A designated member of staff (e.g. in a GP surgery, hospital, workplace, leisure or similar setting) who is given the task of supporting and speaking up for carers.

Supports and speaks up for a particular thing, such as dignity in care, or for a specific group of people, such as children or older people

A group of people who act as a community around a person who needs help and support. The person themselves remains in control.

Local community volunteer who offers help and support (TLAP definition)

Appointed by Court of Protection to make decisions about a matter or matters concerning Q's personal welfare and/or Q's property and affairs

Person given a Lasting Power of Attorney to make decisions about a matter or matters concerning Q's health and welfare

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

Family and friends of a person with LD who help to provide informal support (NICE definition)

People who aren't your family of origin, but who support you as family

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.

Provides unpaid care and support as a matter of course, but doesn't identify as a "carer"

Involved in assessments, care and support planning, reviews, safeguarding enquiries/reviews

Serving as the primary point of contact, IDVAs normally work with their clients from the point of crisis to assess the level of risk, discuss the options and develop plans that address their immediate safety, as well as longer-term solutions.

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.

IMHAs help people to understand their rights when their mental health treatment is being regulated by the Mental Health Act.

Provides advice and support to parents whose child is being assessed for an Education, Health and Care plan

Family and friends of a person with Autistic Spectrum Disorder who can provide info about Q's features and behaviour to inform a fuller picture of Q's developmental history (NICE definition)

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.

Family and friends

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.

No legal definition of Next of Kin in the UK*; no automatic legal right to make decisions for Q - except where Q is under 18 and the Next of Kin has parental responsibility

(* See Glossary entry for an exception to this in the case of intestacy and inheritance)

Not a proxy role - Director or manager of a service registered with CQC who is nominated as being responsible for management of its regulated activity

Receives direct payments on behalf of Q

Takes affirmative action with or on behalf of a person who is unable to give a clear indication of their views or wishes in a specific situation

Peer advocates have lived experience and can support others with a similar disability or experience.

- 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.

Manages direct payments on behalf of Q (TLAP definition) - this role is defined in law as the AUTHORISED PERSON

As Carer, but clearer terminology (this term is used by Carers UK)

A carer aged under 18

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