The Mental Capacity Act 2005. 7.1 The Mental Capacity Act 2005 (MCA) applies to care, treatment and support of people aged 16 years and over, in England and Wales, who are unable to make some or all decisions for themselves. Staff working with people who lack capacity must have regard to the MCA. 7.2 The Council can only enter into a DPA with someone who has the mental capacity to make a decision to enter into a DPA, or the person legally authorised to deal with that person’s financial affairs. This may be a Deputy, Lasting Power of Attorney or Enduring Power of Attorney which has been registered at the Court of Protection or in some circumstances a specific order from the Court of Protection. The Council requires a certified copy of the document for its records. 7.3 Where there is no legal authority in place, but where an application is to be made or in progress, the person applying for Power of Attorney or Deputyship is responsible for negotiating with the Care Home regarding payment of fees until they can apply for a Deferred Payment. 7.4 Where no-one is available to apply for Deputyship, the Council will consider applying for Deputyship. 7.5 The compound interest charge will apply to these invoices.
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Samples: Deferred Payment Agreement, Deferred Payment Agreement Policy, Deferred Payment Agreement
