The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) Regulations 2008

PART 2 Appointment of representatives

Commencement of appointment procedure

10.  The procedure for appointing a representative must begin as soon as—

(a) a best interests assessor is selected by the supervisory body for the purposes of a request for a standard authorisation; or

(b) a relevant person’s representative’s appointment terminates, or is to be terminated, under regulation 14 and the relevant person remains subject to a standard authorisation.

Appointment of representative

11.  Except where regulation 9 applies, a supervisory body may not appoint a representative unless the person is recommended to it under regulations 7 or 8.

Formalities of appointing a representative

12.—(1) The offer of an appointment to a representative must be made in writing and state—

(a) the duties of a representative to —

(i) maintain contact with the relevant person,

(ii) represent the relevant person in matters relating to, or connected with, the deprivation of liberty, and

(iii) support the relevant person in matters relating to, or connected with, the deprivation of liberty; and

(b) the length of the period of the appointment.

(2) The representative must inform the supervisory body in writing that they are willing to accept the appointment and that they have understood the duties set out in sub-paragraph (1)(a).

(3) The appointment must be made for the period of the standard authorisation.

(4) The supervisory body must send copies of the written appointment to—

(a) the appointed person;

(b) the relevant person;

(c) the relevant person’s managing authority;

(d) any donee or deputy of the relevant person;

(e) any independent mental capacity advocate(1) appointed in accordance with sections 37 to 39D of the Act(2), involved in the relevant person’s case; and

(f) every interested person named by the best interests assessor in their report as somebody the assessor has consulted in carrying out the assessment.

Termination of representative’s appointment

13.  A person ceases to be a representative if—

(a) the person dies;

(b) the person informs the supervisory body that they are no longer willing to continue as representative;

(c) the period of the appointment ends;

(d) a relevant person who has selected a family member, friend or carer under regulation 5(1) who has been appointed as their representative informs the supervisory body that they object to the person continuing to be a representative;

(e) a donee or deputy who has selected a family member, friend or carer of the relevant person under regulation 6(1) who has been appointed as a representative informs the supervisory body that they object to the person continuing to be a representative;

(f) the supervisory body terminates the appointment because it is satisfied that the representative is not maintaining sufficient contact with the relevant person in order to support and represent them;

(g) the supervisory body terminates the appointment because it is satisfied that the representative is not acting in the best interests of the relevant person; or

(h) the supervisory body terminates the appointment because it is satisfied that the person is no longer eligible or was not eligible at the time of appointment, to be a representative.

Formalities of termination of representative’s appointment

14.—(1) Where a representative’s appointment is to be terminated for a reason specified in paragraphs (c) to (h) of regulation 13, the supervisory body must inform the representative of—

(a) the pending termination of the appointment;

(b) the reasons for the termination of the appointment; and

(c) the date on which the appointment terminates.

(2) The supervisory body must send copies of the termination of the appointment to—

(a) the relevant person;

(b) the relevant person’s managing authority;

(c) any donee or deputy of the relevant person;

(d) any independent mental capacity advocate appointed in accordance with sections 37 to 39D of the Act, involved in the relevant person’s case; and

(e) every interested person named by the best interests assessor in their report as somebody the assessor has consulted in carrying out the assessment.

Payment to a representative

15.  A supervisory body may make payments to a representative appointed following a selection under regulation 9.

(1)

“independent mental capacity advocate” is defined in section 64(1) of the Act.

(2)

Sections 39B to 39D were inserted by section 50 of and Schedule 9 to the Mental Health Act 2007.