Being an advocate for a disabled friend or family member

You might hear different words to describe being an advocate for someone. They all have different meanings, but sometimes people use these words to mean something else. You can ask someone to describe what they mean to make sure you are talking about the same thing.  

There are a lot of different ways of supporting someone or acting on their behalf. Some are formal and some are less formal. They all have different processes and responsibilities. 

Being an advocate means helping someone to speak up for their rights on a particular issue. They must give consent for you to be their advocate.   

There is no application to become someone's advocate. You, or the person you are supporting, must tell people that you are their advocate. This could be the local council if it is a social care issue or the DWP if it is a benefits issue.  

When the issue is finished, you stop being their advocate. If they ask you to be their advocate for another issue, you will need to tell the relevant authority.  

As an advocate, you cannot make decisions for the person you are supporting. But you can support them to make their own decisions and speak up for what they want. 

You might be asked to contribute to making decisions for the person if: 

• they lack capacity to make a decision 
• a doctor or social worker has asked you to represent them 
• you feel confident to say what the person would want to happen to them 

But you would not be making the final decision. There will be a Decision Maker who will have the legal duty to decide what is in the person’s best interests. 

Your role as an advocate

Representative is often used as a legal term. A lawyer (solicitor or barrister) can represent someone in court. This means they manage the legal case and often speak on behalf of the person. They deal with any letters, emails or phone calls on the issue.  

Legal representation is different to legal advice. A lawyer can give legal advice without representing you. This could mean they explain the legal process and help you prepare for the case but do not come to meetings or court hearings with you.  

If someone does not have a lawyer, they can represent themselves in a legal case. This is called self-representation.  

As a family member or friend, you can support someone who is representing themselves. You can attend meetings and court hearings with them and help them with paperwork. This is sometimes called being their Mackenzie friend. 

Get help with going to court or tribunal

A representative can also be a legal role when someone is deprived of their liberty. A family member or friend can be appointed to help the person exercise their statutory rights. This type of representative has some legal powers to appoint solicitors and call for a review of the deprivation itself. 

You can be someone's appointee to help manage their benefits. You need to apply to the DWP. 

An appointee can be: 

• a family member or friend  
• or an organisation like a social enterprise or law firm  

When you apply to become someone's appointee, the DWP will check to make sure you are suitable.  

If you are approved as an appointee, the DWP will communicate with you as well as the person you are representing. You will be responsible for letting the DWP know about any changes of circumstances.  

The benefits money will still go the person's bank account unless you have a separate arrangement for managing their money. For example, they have a lasting power of attorney for property and financial affairs. 

Become an appointee to manage someone’s benefits 

A lasting power of attorney (LPA) is a legal document where someone can choose to give someone else power to: 

• help them make decisions 
• make decisions for them 

The person must have mental capacity to make an LPA when they make it. They can add restrictions to decide what powers they give the person they choose to be their attorney.  

There are 2 types of LPA: 

• LPA for property and financial affairs in England and Wales 
• LPA for health and welfare decisions  

Lasting powers of attorney

You can apply to become someone's deputy, if they: 

• need help making decisions  
• do not have a Lasting Power of Attorney (LPA) 
• and do not have mental capacity to make an LPA 

There are 2 types of deputy: 

• personal welfare, where you can make decisions about their medical treatment and care 
• property and financial affairs, where you can make decisions about their money and property 

Become a deputy 

Being someone's LPA, deputy or appointee is an official, legal role. If you become an LPA, deputy or appointee, you will remain in this role unless you go through a formal process to change it. 

Being an advocate or representative for someone is different to being an LPA, deputy or appointee. You can act as someone's advocate or representative on particular issues. But when the issue is finished, you will not remain as their advocate or representative. 

If they want you to be their advocate or representative for another issue, and you agree, they will have to tell the authority they are dealing with. 

If you are not able to support someone as an advocate, LPA or deputy, you can still help them. For example, you could: 

• help them to read and understand letters and emails 
• arrange transport to meetings and assessments 
• listen to their concerns and offer emotional support 
• help them find a lawyer or independent advocate 
• find information about their situation from a trusted source, for example Scope, Citizens Advice or Disability Rights UK

Being an advocate for your family member or friend can be a big responsibility. As an advocate, you need to represent their views and preferences, not your own.

Deciding about being an advocate

Being an advocate is a big decision. Going to meetings or court can take a lot of time and it can be upsetting. You can say no if you do not think it is right for you. 

As an advocate you can help the person by taking on some of the admin and stress. Think about if you feel able to manage that extra admin and stress for yourself.

If you start being an advocate for someone, you can still change your mind. You can stop at any time.

You do not have to be someone’s advocate for every issue they face. You can choose to be an advocate for some issues but not others.

It is better to refuse if you think you cannot be independent and keep your own opinions separate. Think about how it might affect your relationship with the person.

Ask for consent

You must get the person’s consent before you become their advocate. Keep checking that they still want you to be their advocate. If they change their mind, you must stop.

There is no formal process to get someone’s consent to be their advocate. But the authority you are dealing with might check that you are suitable to be an advocate.

A GP or social worker might ask for written consent from the person you are supporting.

Tell the authority you are dealing with

There is no application to become someone's advocate. You, or the person you are supporting, must tell the authority you are dealing with that you are their advocate. This could be the local council if it is a social care issue or the DWP if it is a benefits issue.

Telling the authority means that they must include you in any meetings.

Find out what they want

Ask the person you are supporting what they want.

If you have not spoken about it before, it may take a long time to find out all their views and preferences.

If you have spoken about it before, it is still important to check in. They might have changed their mind about some things. It is useful to know as much as possible about their situation so you can help them prepare their case.

Represent their views, not your own

This is especially important if you disagree on something. For example, if your family member or friend wants to live in their own home but you think they should live in a care home.

You must be able to keep your own opinions and emotions separate. If you cannot do this, you should not be their advocate.

Find out what their options are

As an advocate, try to find out what the person’s options are. For example, if they need to go to court or can settle the issue in a less formal way. This will help them to get the best outcome for them. And you can help manage their expectations about what might happen.

You can get free information and support from:

• the Scope helpline
• Citizens Advice
• an independent advocate

We have information on:

• appealing a benefit decision
• challenging a care needs assessment decision
• making a complaint about residential care
• challenging a landlord or local council about a housing decision

There is more specific information on making complaints about:

• the police (Independent Office for Police Conduct)
• an NHS service (NHS)
• social care (The Care Quality Commission)

Keep records of meetings

Keep any letters or emails from the authority you are dealing with. 

You can also take notes during meetings, appointments or court sessions you attend. This can help you to remember what happened. And it can be helpful if you disagree on what was said.

You can also ask to record the meeting on your phone or another device. You must get consent from everyone in the meeting first. If they agree, you must give a copy of the recording to everyone in the meetings.

Confidentiality

Professionals often have to keep their meetings with clients confidential. This includes:

• doctors
• lawyers
• independent advocates

This means they will not share information with family members or friends unless the person gives them permission.

When the issue is resolved and you stop being the person’s advocate, you should give them any records you have. This includes letters and digital copies of emails or meeting notes.

You should delete any electronic information from your devices relating to the issue. Tell the person you are supporting when you have done this.

Depending on your situation, you might want to get help from a lawyer (barrister or solicitor). Lawyers can help in different ways.

Legal representation

Lawyers can represent your disabled friend or family member in court. This means they take on their case and manage it for them. And they can speak on their behalf.

Legal advice

Lawyers can give information and advice even if they do not represent the person’s case. They can help you prepare the case.

Some solicitors may offer free advice.

Check if you can get legal aid (GOV.UK)

Finding free or affordable legal help (Citizens Advice)

Find your local Law Centre

You may also be able to get legal support through your:

• home insurance company
• union membership
• charity membership

No win, no fee solicitors may also be an option.

But you may have to pay for legal advice.

Find a lawyer 

The Law Society website has a tool where you can search for different types of lawyers near you. 

You can also refine the results based on access to their building including whether they:

• have induction loops
• provide British Sign Language interpreters
• have step-free access
• accept Legal Aid

Find a solicitor on The Law Society website

If you cannot get help from a lawyer

You can still get information and support from:

• the Scope helpline
• Citizens Advice