Regulation 5 Meaning of “representative” and “surrogate”I1

England and Wales

(1)

In these Regulations “representative”, in relation to a person who lacks capacity (“P”), means—

(a)

a deputy appointed for P by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005 (power to appoint a deputy to make decisions on P’s behalf), or

(b)

a donee of a lasting power of attorney within the meaning of section 9 of that Act created by P.

(2)

In these Regulations “surrogate”, in relation to a person who lacks capacity, means a representative of the person whose powers, as deputy or donee, consist of or include powers relating to decisions about securing the provision of a community care service or a qualifying service.

Annotations

Commencement

I1: Reg. 5 in force at 13.12.2010, see reg. 1(2)