Adult Social Care Glossary, v 0.6

(4) A person is authorised for the purposes of this section if--
(a) the person is authorised under the Mental Capacity Act 2005 to make decisions about the adult's needs for care and support,
(b) where the person is not authorised as mentioned in paragraph (a), a person who is so authorised agrees with the local authority that the person is a suitable person to whom to make direct payments, or
(c) where the person is not authorised as mentioned in paragraph (a) and there is no person who is so authorised, the local authority considers that the person is a suitable person to whom to make direct payments.

Wills: general

1 Paragraphs 2 to 4 apply in relation to the execution of a will, by virtue of section 18, on behalf of P.

Provision that may be made in will

2 The will may make any provision (whether by disposing of property or exercising a power or otherwise) which could be made by a will executed by P if he had capacity to make it.

Wills: requirements relating to execution

3(1) Sub-paragraph (2) applies if under section 16 the court makes an order or gives directions requiring or authorising a person (“the authorised person”) to execute a will on behalf of P.
(2) Any will executed in pursuance of the order or direction—
(a) must state that it is signed by P acting by the authorised person,
(b) must be signed by the authorised person with the name of P and his own name, in the presence of two or more witnesses present at the same time,
(c) must be attested and subscribed by those witnesses in the presence of the authorised person, and
(d) must be sealed with the official seal of the court.

12.16 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. In these cases, the local authority must satisfy itself that the person meets the 5 conditions as set out in section 32 of the Care Act.

12.17 As with direct payments for people with capacity, each of these conditions must be met in their entirety. Failure to meet any of the conditions would result in the request being declined. The conditions are:

- where the person is not authorised under the Mental Capacity Act 2005 but there is at least one person who is so authorised, that person who is authorised supports the person's request

- the local authority is not prohibited by regulations under section 33 from meeting the adult's needs by making direct payments to the authorised person, and if regulations under that section give the local authority discretion to decide not to meet the adult's needs by making direct payments to the authorised person, it does not exercise that discretion

- the local authority is 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 under this section would be used

- the local authority is satisfied that the authorised person is capable of managing direct payment by himself or herself, or with whatever help the authority thinks the authorised person will be able to access

- the local authority is satisfied that making direct payments to the authorised person is an appropriate way to meet the needs in question.

Someone who can request direct payments from a local council on behalf of a person who does not have capacity to do this themselves. This person must act in your best interests and be able to manage your direct payments for you.