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Authorised person (Mental Capacity 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
Can execute a will on behalf of Q if authorised/directed by the Court of Protection
This role applies when
Q lacks capacity
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 | Mental Capacity Act 2005, Schedule 2 | https://www.legislation.gov.uk/ukpga/2005/9/schedule/2 |
The person in this role
Is professionally qualified to perform the role
Sometimes
Has a professional relationship with Q
Sometimes
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?
Are there any other criteria for appointment?
Person nominated by Court of Protection
Who nominates/appoints them?
Court of Protection
Is the appointment time limited?
Other comments
Different from Care Act definition