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Donee (property and financial affairs)

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 property and financial affairs

This role applies when

Q has appointed the donee under a Lasting Power of Attorney for property and financial affairs, and subsequently loses capacity OR authorises the donee to act on his/her behalf

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 (property and financial affairs)
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

Is consulted about Q's finances

Yes

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?

Multiple - joint and/or several

Are there any other criteria for appointment?

Person aged 18+ OR trust corporation

Who nominates/appoints them?

Q via Lasting Power of Attorney

Is the appointment time limited?

Other comments

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