Nominated person – support for someone with capacity

The Care Act provides a power to enable direct payments to be made to the person in need of care and support, or a nominated person acting on their behalf if agreed by the person with care needs, and that person has capacity.

There are four conditions in section 31 of the Care Act that need to be met in their entirety, or the request for a direct payment would need to be declined:

1. The adult has capacity to make the request, and the nominated person agrees to receive the payments.
2. We're not prohibited by regulations from meeting the adult’s needs by making direct payments to the adult or nominated person
3. We're satisfied that the adult or nominated person can manage direct payments, either by themselves or with whatever help we think the adult or nominated person will be able to access.
4. We're satisfied that making direct payments to the adult or nominated person is an appropriate way to meet the needs in question.

We must clarify at the earliest stage possible who the request originates from. Where a nominated person has been requested to receive the direct payment, we should consider whether and when to involve the nominated person in the care and support planning process.

So that the nominated person understands their legal rights they need to know and should receive:

• Information regarding our direct payments processes
• Information and advice on using and managing the direct payment

Authorised person – support for someone who lacks capacity

In cases where the person in need of care and support has been assessed as lacking capacity to request the direct payment, an authorised person can request the direct payment on the person’s behalf.

We must then be satisfied that the person meets the five conditions as set out in section 32 of the Care Act. As with direct payments for people with capacity, each of these conditions must be met in their entirety. If not, the request would need to be declined:

1. Where the authorised person isn't authorised under the Mental Capacity Act 2005, ie lasting power of attorney (LPA) or deputy for health and wellbeing. Any LPA or deputy needs to support the authorised person’s request.
2. We're not prohibited by regulations from meeting the adult’s needs by making direct payments to the authorised person.
3. We're satisfied that the authorised person will act in the adult’s best interests in arranging for the provision of the care and support for which the direct payments would be used.
4. We're satisfied that the authorised person can manage the direct payment by themselves, or with whatever help we think the authorised person will be able to access.
5. We're satisfied that making direct payments to the authorised person is an appropriate way to meet the needs in question.

We should involve the authorised person in the care planning journey. So that the authorised person understands their legal obligations to act in the best interests of the person requiring care and support, they need to know and should receive:

• Information regarding our direct payments processes
• Information and advice on using and managing the direct payment

If you're going to act as a nominated or authorised person to support someone with managing their direct payment you'll need to contact your social work team to discuss and complete agreements. Agreement forms are attached to this page. Social workers can send the forms on to where they need to go once you've had that discussion.