Version: 1.0

Effective Date: 20/07/2026

1. Purpose

This Authority, Capacity & Representation Policy (“Policy”) explains who may create, administer and access a Memo account on behalf of another person and how Memry Corporation Limited (“Memry”, “we”, “our” or “us”) manages questions relating to legal authority, mental capacity and representation.

This Policy forms part of the Memo Legal Framework and should be read alongside the:

• Terms of Use
• Privacy Notice
• AI Transparency & Responsible AI Statement
• Family & Carer Agreement
• Professional User Agreement
• Safeguarding & Emergency Escalation Policy

Nothing in this Policy removes or limits any rights or responsibilities established under applicable law.

2. Guiding Principles

Memo has been developed to support independence, dignity and person-centred care.

When applying this Policy, Memry seeks to follow the principles of the Mental Capacity Act 2005 in England and Wales. These principles include:

• Every adult is presumed to have capacity unless established otherwise.
• Individuals should be supported to make their own decisions wherever reasonably possible.
• A person is not to be treated as lacking capacity merely because they make an unwise decision.
• Any decision made on behalf of a person lacking capacity must be made in that person’s best interests.
• Any action taken should be the least restrictive option consistent with protecting the individual’s welfare and rights.

Where Memo is used outside England and Wales, equivalent legal principles applicable in the relevant jurisdiction should be followed.

3. Definitions

For the purposes of this Policy:

Primary User means the individual receiving support through Memo.

Representative means any person acting on behalf of the Primary User.

Authorised Representative means a person with legal or contractual authority to act for the Primary User.

Capacity means the ability of a person to make a particular decision at the time it needs to be made.

Best Interests has the meaning given by the Mental Capacity Act 2005.

4. Presumption of Capacity

Memry does not determine whether a person has mental capacity.

Unless credible information indicates otherwise, Memo will presume that every adult user has capacity to make decisions regarding use of the Service.

Users who have capacity remain in control of their own Memo account unless they choose to authorise another person.

5. Supported Decision-Making

Where a user may experience cognitive impairment, memory difficulties or communication challenges, Memo is intended to support—not replace—the individual’s own decision-making wherever reasonably possible.

Support may include:

• simplified communication;
• reminders;
• accessible information;
• assistance from authorised family members or carers;
• other accessibility features.

Support should enable the individual to participate in decisions to the greatest extent possible.

6. Acting on Behalf of Another Person

A person may create or administer a Memo account on behalf of another individual only where they:

• have the individual’s informed consent;
• have legal authority to act;
• are authorised under an applicable legal arrangement; or
• are otherwise permitted by law.

Representatives must act honestly, lawfully and in the Primary User’s best interests.

False claims of authority may result in immediate suspension of access.

7. Lasting Powers of Attorney

Where applicable, Memo recognises the authority of Attorneys appointed under a valid Lasting Power of Attorney (LPA).

This may include:

Property and Financial Affairs LPA

Where relevant to administration of subscriptions, billing or related financial matters.

Health and Welfare LPA

Where authorised by law and applicable to decisions concerning care, wellbeing or support arrangements.

Memry may request reasonable evidence that an LPA exists before granting representative access.

Recognition of an LPA does not require Memry to determine the legal validity or scope of the instrument beyond what is reasonably necessary for operation of the Service.

8. Court of Protection Deputyships

Where a Deputy has been appointed by the Court of Protection, Memry may permit appropriate access following verification of the Deputy’s authority.

The scope of access granted will reflect the authority contained within the relevant Court Order.

Memry reserves the right to request additional information where necessary to clarify the extent of that authority.

9. Advance Decisions and Advance Statements

Memo does not determine the legal validity or effect of any advance decision, advance statement or similar document.

Where users choose to store such documents within the Memry Vault:

• ownership remains with the user;
• documents are stored securely;
• authorised representatives may access them only in accordance with permissions granted or applicable law.

Users remain responsible for ensuring that stored documents remain current and accurate.

10. Verification of Authority

To protect vulnerable users, Memry may request reasonable evidence before granting representative access.

Evidence may include, where appropriate:

• confirmation from the Primary User;
• registered Lasting Power of Attorney documentation;
• Court of Protection Orders;
• proof of identity;
• organisational authorisation;
• other documentation reasonably demonstrating authority.

We will collect only the information reasonably necessary for verification.

Submission of documentation does not guarantee approval.

11. Levels of Access

Memo supports different levels of access depending upon the user’s authority and role.

Access may include:

• viewing information;
• receiving notifications;
• updating routines;
• managing reminders;
• administering subscriptions;
• managing emergency contacts;
• accessing the Memry Vault.

The level of access granted may differ between representatives.

Memry reserves the right to restrict access where necessary to protect users or comply with legal obligations.

12. Changes in Capacity

A person’s capacity may change over time.

Where appropriate, account permissions may be reviewed if:

• the Primary User requests changes;
• legal authority changes;
• safeguarding concerns arise;
• new evidence becomes available;
• a Court Order is received;
• a representative’s authority ends.

Where reasonably practicable, the wishes and preferences of the Primary User will continue to be respected.

13. Withdrawal or Change of Authority

Authority may end because of:

• withdrawal of consent;
• revocation of a Lasting Power of Attorney;
• expiry of legal authority;
• a new Court Order;
• death;
• resignation of a representative;
• other lawful reasons.

Representatives must promptly notify Memry of any change affecting their authority.

14. Competing Claims of Authority

Occasionally, more than one person may claim authority over the same Memo account.

Where competing claims arise, Memry may:

• temporarily suspend changes to the account;
• restrict representative access;
• request additional documentation;
• seek clarification from the Primary User where appropriate;
• await clarification from the relevant legal authority or court;
• take other reasonable steps necessary to protect the Primary User.

Memry is not responsible for resolving family disputes or determining legal entitlement beyond what is reasonably necessary to administer the Service.

15. Organisational Representatives

Professional users acting on behalf of:

• NHS organisations;
• local authorities;
• hospitals;
• GP practices;
• domiciliary care providers;
• residential care providers;
• charities;
• other authorised organisations

must ensure they have appropriate authority under applicable law and their own organisational policies before accessing or managing a user’s Memo account.

Organisations remain responsible for:

• staff authorisation;
• access controls;
• compliance with data protection legislation;
• safeguarding duties;
• professional standards.

Where required, organisational access will be governed by a separate Data Processing Agreement or other contractual documentation.

16. User Responsibilities

Representatives agree to:

• act honestly and lawfully;
• respect the dignity and wishes of the Primary User;
• maintain confidentiality;
• use only the access reasonably necessary;
• notify Memry of changes affecting authority;
• comply with all applicable laws and the Memo Legal Framework.

Representatives remain responsible for decisions they make on behalf of another person.

17. Safeguarding

If Memry reasonably believes that a representative may be acting contrary to the interests of a vulnerable person, we may:

• suspend representative access;
• restrict account permissions;
• request further verification;
• notify the relevant organisation where appropriate;
• take other reasonable safeguarding measures permitted by law.

Such action may be taken without prior notice where immediate protection appears necessary.

18. Privacy

Information collected to verify authority will be processed in accordance with our Privacy Notice and retained only for as long as reasonably necessary to fulfil legal, regulatory and safeguarding obligations.

19. Changes to this Policy

We may amend this Policy to reflect changes in legislation, regulatory guidance or the development of the Memo platform.

Material changes will be communicated through the Service or by other appropriate means.

20. Contact

Questions regarding authority, capacity or representation should be directed to:

Memry Corporation Limited

Privacy & Governance Team

Email: Team@Memry.io

Website: www.Memry.io

Registered Office: The Towers Building, 6 Brincliffe Crescent, Sheffield, S119AW UK