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Authorised person (Care Act)

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.

Purpose of the role

Manages direct payments on behalf of Q

This role applies when

Q lacks capacity to request a direct payment

This role applies to

Mental capacity cases

Always

Mental health cases

Day to day living

Statutory definition of the role (if any)

Defined term
Act of Parliament/Statutory Instrument
Link
Authorised person
Care Act 2014, S.32
https://www.legislation.gov.uk/ukpga/2014/23/section/32

The person in this role

Is professionally qualified to perform the role

Never

Has a professional relationship with Q

Never

Has a personal relationship with Q

Sometimes

Is professionally independent of the organisation(s) involved

Has lived experience of Q's care and support needs

Speaks for/on behalf of Q

Safeguards Q's rights

Ensures Q's understanding

Is consulted about Q's health and welfare

Is consulted about Q's finances

Makes decisions about Q's health and welfare

Manages money on Q's behalf

Yes

Is the person formally appointed to this role?

Must be

How many people can perform this role at one time?

One

Are there any other criteria for appointment?

Deputy/Donee, OR person nominated by Deputy/Donee, OR if no Deputy/Donee, person nominated by local authority

Who nominates/appoints them?

Independent Mental Capacity Advocate OR local authority

Is the appointment time limited?

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