Regulation 5 Meaning of “representative” and “surrogate”
(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.