Can someone without mental capacity have a Devon Card?
Posted on 8 July 2013
Yes. If a service user doesn’t have the capacity to consent to direct payments, we still have a duty to offer them to that person as long as they appear to be able to manage them, along with support.
However, the payments can only be made where there is an appointed ‘suitable person’ who is willing to manage the direct payments on their behalf. This ‘suitable person’ is also accountable for making certain that the direct payments are used properly.
In most cases, the ‘suitable person’ will be a family member or other person already involved in providing care for the service user. They may, but not always, have been given a lasting power of attorney or have been appointed by the Court of Protection as a deputy under the Mental CapacityAct 2005.
The‘suitable person’ must be capable of managing direct payments (either on their own or with available help), and we must be satisfied that they fully understand what is involved in managing direct payments.
If The Devon Card is to be used, it will be issued in the name of the ‘suitable person’.
Further details can be found in our direct payments policy. Our Direct Payments team will be able to provide support to any person wishing to act as a ‘suitable person’ for a service user.