Care and Support Charging and Financial Assessment Framework

Contents

• 1. Summary
• 2. Legal context
• 3. Principles of this framework
• 4. Care and support services provided free of charge
• 5. Chargeable care and support services
• 6. Care and support financial assessment policy
• 7. Section 117 and social care packages of care
• 8. Mental capacity to manage finances
• 9. Residence when moving to accommodation outside Bath and North East Somerset Council
• 10. Deferred Payment Agreements (DPAs)
  • 10.1 Specific property issues
  • 10.2 Financial information and advice and legal advice relating to a Deferred Payment Agreement (DPA)
  • 10.3 Assessed charge and flexible disposable income allowance
  • 10.4 Renting out your property
  • 10.5 The Deferred Payment Agreement (DPA) application process
  • 10.6 DPAs for people lacking mental capacity
  • 10.7 Interest and administration charges
• 11. Interim funding policy
• 12. Choice of accommodation and top up payments
• 13. Funding agreement
• 14. Direct Payments
• 15. Equality Impact Assessment
• 16. Reviewing the Charging and Financial Assessment Framework
• 17. Appeals
• 18. Annex A
• 19. Annex B
• 20. Annex C
• 21. Annex D
• 22. Annex E
• 23. Glossary of terms

10.6 DPAs for people lacking mental capacity

If a person lacks the mental capacity to give informed consent to a legally binding agreement, it means they are not themselves capable of entering into a Deferred Payment Agreement (DPA). If someone else has been legally-appointed to act for them, that person can apply for a DPA on their behalf. To enter into a DPA on behalf of someone else, that person must be one of the following:

• a deputy appointed by the Court of Protection
• the holder of a registered Enduring Power of Attorney
• the holder of a registered Lasting Power of Attorney (which must include authority to manage the person’s property and financial affairs).

The named ‘applicant’ on the DPA will be the person they act for, but the person acting for them will complete and sign the DPA on their behalf.

If there is no-one legally appointed to act, and the person lacks mental capacity to confer a Lasting Power of Attorney, attempts should be made to identify someone who is willing and able to apply to the Court of Protection to become a deputy for that person, to manage their property and financial affairs. This could be a relative, a friend, a solicitor, or where there is no-one else suitable, the Council.

The person applying to the Court of Protection must state their intent to enter into a DPA with the Council. Once the Court of Protection makes a ‘First General Order’ appointing the deputy, the deputy can enter into a DPA with the Council on behalf of the person. As the deputy application process takes time, the Council has an Interim Funding Policy to deal with the period until a deputy has been appointed by the Court and can enter into a DPA with the Council.

If there is no one to act the Social Work team will refer the matter to the Councils Deputyship Team who will make the application to the Court of Protection for a panel Solicitor to be appointed to act on the person’s behalf. The Council has an Interim Funding Policy to deal with the period until a deputy has been appointed by the Court and can enter into a DPA with the Council.

You can request to keep up to £144.00 per week of the income received by the person from the date the DPA commences84 . Please note this will mean the amount secured against your property will increase quicker.

• 84Clause 6(1) and 6(2) of the Care and Support (Deferred Payment) Regulations 2014.