Q: My family member (adult) has been medically assessed as lacking the capacity to make their own decisions about the care and support that they need. What legal intervention do I require to act on their behalf?
Being a family member does not in itself give you the legal authority to act on their behalf. To do this you must have either Power of Attorney or Guardianship for them.
Q: Can my legal representative also be my Personal Assistant?
Someone who holds a power of attorney or financial and welfare guardianship to make decisions on behalf of someone cannot become the individual’s Personal Assistant because of the potential risk of there being conflicts of interest. The local authority cannot provide the funds for the legal representative to employ themselves to provide the required care and support to the individual.
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