Where people lack mental capacity

13.1    The council will assume that people are able to make their own decisions about matters relating to their financial assessments. Where this may not be the case, we will follow the Gloucestershire Multi Agency Mental Capacity Act policy and guidance. 

13.2    Where a person lacks mental capacity, they may still be assessed as being able to contribute to their care.

13.3    When a person lacks mental capacity, the council will include the appropriate person in their financial assessment. This may be a person who holds:

• Enduring Power of Attorney
• Registered Lasting Power of Attorney for Property and Finances 
• Court appointed deputy
• Any other person dealing with a person’s financial affairs, such as someone given appointee-ship by the Department of work and pensions when the person’s sole income is benefits and capital is below £5,000)

13.4    When a person with care and support needs does not have the requisite mental capacity to complete the financial assessment, and does not have a representative as listed above, they may require the appointment of a court appointed deputy.

13.5    The council will provide information and advice to friends and family to see if they are willing to act for the person.

13.6    Where there are no friends or family, or a person’s friends or family do not wish to become a legal representative, the council may apply to the Court of Protection to become the person’s deputy