If someone doesn't have the mental capacity to request a Direct Payment it is possible for an “Authorised Person" to request the Direct Payment and take on responsibility for them. This is a formal arrangement and the Authorised Person will need to sign an agreement with the Council. The Direct Payment will be paid to the Authorised Person who must:
- act in the best interests of the person who lacks capacity
- make sure that the person has as much input as possible into decisions that affect them
- let social services know as soon as possible if it seems that the person might be regaining the mental capacity to make their own decisions
The Authorised Person can be someone the person concerned gave Lasting Power of Attorney over their affairs before they lost capacity, or a Deputy appointed by the Court of Protection to act in their best interest. If there is no attorney or deputy, or they do not want to act as the Authorised Person, someone else may be considered. Usually this is a family member or a friend or it can be a professional person like a solicitor.
Please note: Prior to the Care Act 2014, the role of an Authorised Person was known as Suitable Person.