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Lawfully acting on their behalf
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
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.
This role applies when
Q lacks capacity
This role applies to
Mental capacity cases
Sometimes
Mental health cases
Sometimes
Day to day living
Statutory definition of the role (if any)
Defined term | Act of Parliament/Statutory Instrument | Link |
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The person in this role
Is professionally qualified to perform the role
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
Yes
Manages money on Q's behalf
Yes
Is the person formally appointed to this role?
Always
How many people can perform this role at one time?
Are there any other criteria for appointment?
Who nominates/appoints them?
Is the appointment time limited?
Other comments