When someone is assessed by Adult Services as needing care and support, they may be eligible to have direct payments. This person is called a service user.
Under the Mental Capacity Act 2005, if the service user lacks the mental capacity to consent to direct payments, they may still be available to them if there is someone who can receive and manage the direct payments on their behalf. This person is called a 'suitable person'.
Being appointed as a suitable person
You cannot just become a suitable person. You must be someone:
- who has been awarded Lasting Power of Attorney for both Property and Financial Affairs and Health and Welfare for the service user; or
- who has been appointed a deputy for the service user by the Court of Protection; or
- who we consider is acting in the best interests of the service user.
Sometimes, you cannot be a suitable person because of the type of relationship you have with the service user including, but not limited to:
- The personal assistant employed through the direct payments
- Shared lives carer
- A foster carer
Additionally, Cardiff Council cannot take on the responsibility of being a suitable person.
What it involves
The role of a Suitable Person holds a lot of responsibility. We must make sure that the person taking on the role is willing and capable to carry out the duties, which may include legal responsibilities, for example, employing staff and keeping accurate financial records.
We will make sure that anyone who is considering being a suitable person understands what is involved so they can decide if they want to continue to apply.
We have a Direct Payment Support Service that can provide the support needed, such as recruiting personal assistants, setting up payroll services etc.
We always encourage anyone who has a direct payment from us, including any suitable person, to accept the support from the Direct Payment Support Service as they will be able to help and guide you along the way.
If you become a suitable person, you will sign a Direct Payment Agreement with us. This agreement is a legally binding contract which will include what is expected to anyone receiving or managing a direct payment, including:
- Accountability for the way the direct payments are used.
- Keep us informed of any changes, difficulties, or if the service user may have regained capacity.
- Following employment law if you employ people.
If the service user has fluctuating capacity, you must ensure during periods when they regain capacity, that you involve them as much as is practicable in any decision making.
We are responsible for making sure the Suitable Person is right for the role and is the best choice for the service user. We will discuss the role with you so we can be confident that you can meet the requirements of a Suitable Person and you will act in the service user's best interests. You may also need to undergo relevant identity and safeguarding checks.
We want to encourage the use of a suitable person so that direct payments can be used as widely as possible. Although we do not wish to discourage you from acting as a suitable person, we must make you aware that any fraudulent or dishonest use of the direct payment or abuse of your position may result in legal action.
You must not expose the service user or any family member of the service user, to risk or loss because of the misuse of the direct payment or your position. However, our Direct Payment Support Service will be there to help you navigate things so you can always check things out with them first.
It is worth noting that anyone who is a suitable person cannot also be the service user's personal assistant if paid for by the direct payments.
If you take on the role of suitable person, but it does not work for you or the service user, you can leave the role by contacting and giving notice to us as soon as you make this decision. In these circumstances a new Suitable Person would have to be identified and agreed by us before the direct payment package could continue.
More information
If you are considering the role of a Suitable Person, you should speak to the service user's social worker first to discuss what the role involves and go through the relevant criteria with you.
We produce a range of information for those considering or managing direct payments. Please talk to your social worker about what is available. You can also contact our Direct Payment Team in Adult Services.
Tel: 029 2087 3617
Email: [email protected]
