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The Mental Capacity (Deprivation of Liberty) Regulations (Northern Ireland) 2019

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Money and valuables

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55.—(1) Where a relevant authority holds money or valuables it may expend that money or dispose of those valuables for the benefit of P subject to paragraph (2).

(2) When a relevant authority expends money or disposes of valuables for the benefit of P the relevant authority must—

(a)have regard to the sentimental value any article may have for P, if P had capacity;

(b)consult P’s nominated person (if one is appointed and if it is reasonable and practicable to do so) regarding the expenditure or disposal;

(c)ensure that the expenditure or disposal is not of such nature that P’s future options will be limited, unless necessary due to a contractual commitment or to ensure P’s best interests; and

(d)not use the money and valuables to pay for such things which would normally be included in the fees for the place of residence or to pay for such fees.

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