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Paying for care

Making decisions for someone else

If a professional assesses someone as lacking mental capacity, they'll need someone to make decisions for them.

People may lack mental capacity because:

  • They've had a serious brain injury or illness
  • They have dementia
  • They have severe learning disabilities

You can appoint someone to make decisions for you in case you lose mental capacity. It's called a lasting power of attorney (LPA).

If someone already lacks mental capacity, a deputy or an appointee can be put in place to help them.

Lasting power of attorney (LPA)

You must be 18 years-old or over and have mental capacity when making a LPA.

There are two types of LPA and you can apply for one or both:

  • Health and welfare. For example, making decisions about daily routine like:
    • Washing and dressing
    • Moving into care
    • Receiving life-sustaining treatment
  • Property and financial affairs, such as:
    • Managing bank or building society accounts
    • Paying bills
    • Collecting benefits or selling property

How to apply

Create an LPA and find more information on GOV.UK's website.

Deputyship

If someone lacks mental capacity, it's not possible for them to put a LPA  in place. However, someone else can apply to the Court of Protection to become their deputy.

There are two types of deputy and you can apply for one or both:

  • Personal welfare deputy. Making decisions about daily routine like:
    • Washing and dressing
    • Medical care
    • Moving into care
  • Property and financial affairs deputy, such as:
    • Managing bank or building society accounts
    • Paying bills
    • Collecting benefits or selling property

How to apply

Find out more information and how to apply to become a deputy on GOV.UK's website.

Appointeeship

A person can apply to the Department for Work and Pensions (DWP) to deal with state benefits for someone who can't manage their finances.

An appointee can be:

  • A friend or relative
  • An organisation or representative of an organisation. For example, a solicitor or local council.

How to apply

To apply for an appointeeship, you'll need to contact the organisation that provides the person's benefits. Find information about making an appointee application and contact details on GOV.UK's website.

Safeguarding the person's interests

If you make decisions that are not in the best interest of the person you're representing, an investigation may happen. This could be by the local authority, Office of the Public Guardian, or police.

For example, if you break the rules around making gifts or charge unreasonable expenses.

When we take authority

If a person doesn't have anyone who can manage their finances for them, we can represent them as a last resort. The person must receive social care from us. Their social care practitioner will need to refer them to us. They must only refer someone to us if it's in the best interests of the person receiving care.

We will take over managing their finances if there are no other options and we have all their financial details.

Further information

If you want more information about making decisions for someone else, you can:

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