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Glossary

Appointee

A person appointed by the Department for Work and Pensions to act on behalf of an individual receiving state benefits, who’s unable to manage their benefit-related affairs due to mental incapacity or severe physical disability.

Attorney

A person or group of people appointed to look after the finances or property of another person. An attorney may be acting under one of the following types of power of attorney: ordinary, lasting, or enduring.

Certified copy

A photocopy which bears a certificate signed by the maker of the power, a solicitor, or a stockbroker (or notary), at the end of each page that it is a true and complete copy of the original, and must be accepted as proof of the contents of the original.

Deed of revocation

A formal document which may be used to cancel a lasting power of attorney or an unregistered enduring power of attorney, depending on circumstances. You can find more information on Gov.uk.

Deputy

A person or group of people appointed by the Court of Protection to manage the affairs of a person who has lost capacity to make decisions for themselves.

Prior to 1 October 2007 a person appointed by the Court of Protection to act on behalf of an individual who had lost capacity was called a receiver (see below).

Donor

An individual who wishes to give another person the authority to act or make decisions on their behalf.

Guardian

A guardian is the person appointed by the court to make decisions on behalf of someone else in a Court of Protection order

Jointly

There may be multiple third parties representing an individual irrespective of the type of third party access they have been granted (ie third party mandate or power of attorney). They may be appointed to act jointly or jointly and severally.

Appointing multiple representatives to act jointly means that they must all make decisions together. Appointing them to act jointly and severally means that they can make decisions together or alone. In everyday English you may hear the term 'jointly and individually' used instead of jointly and severally.

Jointly and severally

There may be multiple third parties representing an individual irrespective of the type of third party access they have been granted (ie third party mandate or power of attorney). They may be appointed to act jointly or jointly and severally.

Appointing them to act jointly and Severally means that they can make decisions together or alone.

This may also be referred to as 'Jointly and individually'.

Legal document

A document concerning a legal matter which is drawn up by a lawyer or the court.

Mental capacity

People who may lack the mental capacity to make their own decisions about their care and treatment. It applies to people aged 16 and over.

More information can be found at NHS.uk.

Receiver

Prior to 1 October 2007, a person appointed by the Court of Protection to act on behalf of an individual who had lost capacity was called a 'receiver'. After this date, the term became 'deputy' (see above). 

A receiver who was appointed by the Court of Protection prior to 1 October 2007 can continue to act under the powers outlined in the original court order, although they will be known officially as deputies not receivers.

Signatory

A person who is a named on and has signed the legal document.

Third party

A third party is an individual acting on behalf of someone else under a formal instruction such as a third party mandate, power of attorney, Court of Protection order or Department for Work and Pensions appointment.