Money and people who lack capacity

People with eligible care needs, who lack capacity, contribute to their care costs in the same way as everyone else. We ensure they are fully represented, and decisions made are in their best interest.

Read more about eligible care needs

If somebody is appointed to act for the person, we will ask for any money we have paid on their behalf, to be repaid subject to a financial assessment.

Supporting someone who may lack capacity

If someone lacks capacity, they may be unable to make decisions for themselves. They should be given all possible help to make specific decisions before being assessed as lacking capacity.

The Mental Capacity Act requires us to assume that people have capacity, unless it is established otherwise.

This includes what some may consider an unwise or unusual decision. We have to take into consideration that everyone has their own values, beliefs and preferences, which may not be the same as other peoples.

Read more about the Mental Capacity Act on the NHS website.

If we think a person may lack capacity to make a decision, a social care worker or other suitably qualified person, will carry out a capacity assessment. This will be in relation to the specific decision to be made.

If we assess that a person lacks capacity for a particular decision, decisions must be made in their best interests. They will also be proportionate to the likelihood of the person suffering harm as a result of the decision.

Planning will always involve the person as far as possible. Their wishes, feelings, values and aspirations, as well as their needs and wellbeing, will always be taken into account.

They may be supported and represented by family and friends. If this is not possible, an independent advocate will be appointed. This person will represent them, speak for them, and challenge our decision if necessary.

The person who could act for them

We will find out if there is someone who is formally appointed to make decisions on their behalf. This could be:

• Enduring Power of Attorney (EPA)
• Lasting Power of Attorney (LPA) for property and affairs
• Lasting Power of Attorney (LPA) for health and welfare
• Property and Affairs Deputyship under the Court of Protection
• Health and Welfare Deputyship under the Court of Protection
• any other person dealing with their affairs. For example, someone who has been given appointeeship by the Department of Work and Pensions for the purpose of benefit payments

If none of these are in place, a suitable family member or their solicitor will be encouraged to apply for a Property and Affairs Deputyship through the Court of Protection.

Make, register or end a lasting power of attorney: Overview - GOV.UK (www.gov.uk)