Paying for care: Acting on someone else's behalf

Capacity means the ability to use and understand information to make a decision, and communicate any decision made.

A person lacks capacity if their mind is impaired in some way, which means they're unable to make a decision at that time.

Examples of how a person's brain or mind may be impaired include:

• mental health conditions - such as schizophrenia or bipolar disorder
• dementia
• severe learning disabilities
• brain damage - for example, from a stroke or other brain injury

Someone with such an impairment is thought to be unable to make a decision if they cannot:

• understand information about the decision
• remember that information
• use that information to make a decision
• communicate their decision

Supporting someone who lacks capacity

If a person lacks capacity to make financial decisions, they must have an appointed financial representative in one of the following ways:

• Registered Enduring Power of Attorney (EPA)
• Registered Lasting Power of Attorney (LPA) for Property and Affairs
• Property and Affairs Deputyship Order through the Court of Protection OR
• Any other person authorised to deal with the person's affairs, e.g. someone who has been made an appointee by the Department for Work and Pensions for the purpose of handling benefit claims

The Council will need to be provided with a certified copy of any corresponding legal document.