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Mental capacity

In this section

  1. 1
    Introduction
  2. 2
    Transition to Care Act requirements
  3. 3
    Definitions
  4. 4
    Information and advice about deferred payment agreements
  5. 5
    Mental capacity
  6. 6
    Eligibility criteria
  7. 7
    Adequate security
  8. 8
    Unregistered property
  9. 9
    Requirements for valuation of the secured property
  10. 10
    Maintenance, insurance and use of secured property
  11. 11
    Amount that can be deferred
  12. 12
    Equity limit
  13. 13
    Applications for a deferred payment agreement
  14. 14
    Refusing a request for a deferred payment agreement
  15. 15
    Financial assessment
  1. 16
    The deferred payment agreement
  2. 17
    Registering the charge over the secured property
  3. 18
    Payment of care costs
  4. 19
    When deferral of further care costs must or may cease
  5. 20
    Charging interest on deferred amounts
  6. 21
    Administrative fees and charges
  7. 22
    Provision of regular financial statements
  8. 23
    Terminating a deferred payment agreement
  9. 24
    Debt recovery
  10. 25
    Dissatisfaction and complaints
  11. 26
    Review
  12. 27
    APPENDIX 1 - Deferred Payment Agreement (Traditional)
  13. 28
    APPENDIX 2 - Deferred Payment Agreement (Loan style)
  14. 29
    Policy details

5.1    Where there is any doubt about the adult’s mental capacity to enter into a deferred payment agreement, the council’s Mental Capacity Act (MCA) Policy | Gloucestershire County Council  will be followed before an application for a deferred payment agreement may proceed.

5.2    Local authorities are not permitted to enter into deferred payment agreements with a person lacking the requisite mental capacity, unless the proper arrangements are in place i.e. Court appointed deputy or attorney.

5.3    A deferred payment agreement may be requested on behalf of an adult assessed as lacking capacity by someone who is their Court appointed deputy or Power of Attorney for Property and Finance.

Policy published : April 2015      

Policy reviewed : December 2022

Last reviewed:
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