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Donee (health and welfare)

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

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

This role applies when

Q has appointed the donee under a Lasting Power of Attorney for health and welfare, and subsequently loses 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
Donee (health and welfare)
Mental Capacity Act 2005, S.10
https://www.legislation.gov.uk/ukpga/2005/9/section/10

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

Usually

Is professionally independent of the organisation(s) involved

Has lived experience of Q's care and support needs

Occasionally

Speaks for/on behalf of Q

Yes

Safeguards Q's rights

Yes

Ensures Q's understanding

Yes

Is consulted about Q's health and welfare

Yes

Is consulted about Q's finances

Makes decisions about Q's health and welfare

Yes

Manages money on Q's behalf

Is the person formally appointed to this role?

Must be

How many people can perform this role at one time?

Multiple - joint and/or several

Are there any other criteria for appointment?

Person aged 18+

Who nominates/appoints them?

Q via Lasting Power of Attorney

Is the appointment time limited?

Other comments

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