What about people with learning disabilities, dementia or mental-health difficulties
Almost everyone in this group can have Direct Payment. If someone is unable to consent to Direct Payments, then a parent or carer can apply to be a financial guardian under the Adults with Incapacity Act 2000. Then they can do this for the person.
To consent, the person has to understand what a direct payment can provide for them. It isn’t necessary for someone to read or understand a legal document or sign on the dotted line. The starting point is that every person has the capacity to consent to direct payments, and they can receive as much help as needed with the responsibilities.
Only a very few people who are affected by certain mental health or criminal justice legislation will not be able to have Direct Payments.
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