The main duties of the Relevant Person’s Representative are;
The supervisory body must appoint a Relevant Person’s Representative as soon after a standard authorisation has been granted as is practically possible.
To enable this to be done in a timely way, the process of deciding who should be a Relevant Person’s Representative should begin as soon as a Best Interest Assessor is appointed.
The duration of the Relevant Person’s Representative role is the same as the period of the standard authorisation.
A person can only be selected to be a Relevant Person’s Representative if they are;
If the relevant person has capacity to choose a Relevant Person’s Representative
If the relevant person is deemed by the Best Interest Assessor (BIA) to have capacity to select their own Relevant Person’s Representative, they must be permitted to do so if they want to.
If the relevant person does not want to, or is unable to decide who should be their Relevant Person’s Representative, the Best Interest Assessor must recommend to the supervisory body who the Relevant Person’s Representative should be.
If the relevant person does not have capacity to choose a Relevant Person’s Representative
If the relevant person lacks capacity to choose a Relevant Person’s Representative the supervisory body must establish whether there is;
If there is a Deputy or a donee able to make the decision they should be permitted to do so. The donee can select them self to be the Relevant Person’s Representative if they deem this in the person’s Best Interests.
The Best Interest Assessor must recommend to the supervisory body who the Relevant Person’s Representative should be when;
In all cases
In all cases, the Best Interests Assessor is responsible for ensuring that;
When the Best Interest Assessor is deciding who to recommend to the supervisory body as the Relevant Person’s Representative they must be satisfied that the person will;
If the supervisory body is notified by the Best Interest Assessor that there is no family member, friend or carer whom it would be suitable to appoint the supervisory body may select a person to act as a Relevant Person’s Representative in a professional capacity. This can be an IMCA (through section 39C) but could be another person, as long as they;
If there will be a delay in appointing a suitable person to act in a professional capacity as a Relevant Person’s Representative the supervisory body must instruct an IMCA until such time as an appropriate Relevant Person’s Representative is appointed.
When appointing a person to act as a Relevant Person’s Representative in a professional capacity (including as a section 39C IMCA) the supervisory body has the power to pay the Relevant Person’s Representative in carrying out their role if they choose to do so.
The appointment to the role of Relevant Person’s Representative does not alter in anyway the role, power or authority of anyone already appointed as;
The supervisory body must write to any potential Relevant Person’s Representative to offer them the appointment. The offer must state;
The appointment cannot begin until the Relevant Person’s Representative has formally accepted it in writing.
When accepted the supervisory body must send written confirmation of the appointment to;
If, for whatever reason a Relevant Person’s Representative stands down, the supervisory body is responsible for appointing another Relevant Person’s Representative as soon as possible.
The supervisory body must terminate the appointment with immediate effect when;
The supervisory body should also terminate the appointment when it believes that the Relevant Person’s Representative is no longer a suitable person because;
The supervisory body must inform the Relevant Person’s Representative of the date that it intends to terminate the appointment and the reasons for doing so.
When the appointment is terminated written confirmation must be sent to;
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