Regulation 68 of the CTB Regs

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  • #38120
    gary_t
    Participant

    Under regulation 68, a local authority has authority to appoint someone to act on behalf of someone else who lacks mental capacity for the purpose of the SSCBA 1992. If a person is so appointed, does it place them in a fiduciary relationship with the perosn for who they act? If so, is the fiduciary relationship limited to matters which are in some way connected to the rights of the other under the SSCBA 1992?

    Regards

    Gary

    #107332
    Kay_Tade
    Participant

    As an appointee has a fiduciary duty under secondary legislation based on the primary legislation then yes, unless, the actuall appoinment is far wider than just benefits.

    #107335
    gary_t
    Participant

    I think so too. In which case this places a responsibility on local authorities to examine whether or not there is likely to be any conflict of interests between those of the person with mental incapacity and the appointee – which would require some examination of the affairs of the person who wishes to act on behalf of another under regulation 68 – not just saying “yes” to a next of kin who writes in.

    Gary

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