DoLS - P's RPR has become a Trustee at P's care home

Law and practice Mental Capacity Act
1

Quick question… P’s father, who is acting as P’s Relevant Person’s Representative (doing an amazing job and a great advocate for P) has now become a trustee at P’s care home. Is this an issue as The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) Regulations 2008 (legislation.gov.uk) Regulation 3 states:

Selection of a person to be a representative - general
3.—(1) In addition to any requirements in regulations 6 to 9 and 11, a person can only be selected to be a representative if they are—
a. 18 years of age or over;
b. able to keep in contact with the relevant person;
c. willing to be the relevant person’s representative;
d. not financially interested in the relevant person’s managing authority(1);
e. not a relative of a person who is financially interested in the managing authority;
f. not employed by, or providing services to, the relevant person’s managing authority, where the relevant person’s managing authority is a care home(2);
g. not employed to work in the relevant person’s managing authority in a role that is, or could be, related to the relevant person’s case, where the relevant person’s managing authority is a hospital; and
h. not employed to work in the supervisory body that is appointing the representative in a role that is, or could be, related to the relevant person’s case.

Any thoughts? Is a Trustee an employee and/or financially interested in the relevant person’s managing authority? If so, would we need to terminate the representatives appointment (see Regulation 13 The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person’s Representative) Regulations 2008 (legislation.gov.uk)?

2

A trustee is not an employee, they are usually voluntary/pro bono roles, however they do have legal duties in respect of that organisation which include using finances appropriately and financial controls.

You might want to have a look at this (The essential trustee: what you need to know, what you need to do - GOV.UK).

My view would be there is a conflict of interest which must be declared and resolved through a decision to be either an RPR or a Trustee but not both.

1 Like
3

Thank Christine that is incredibly helpful :slight_smile: have a lovely weekend.

4

Comes down to declaring the position to the home and the LA which they have ? Accordingly if the home accepts it and the LA, then it is open to either acceptance or rejection. But merely stating is is a conflict of interest needs to be expanded.

5

I think there is a conflict of interest here and a Paid Rep will need to be appointed under these circumstances.

6

Yes,I think so.