The Care and Support (Direct Payments) (Wales) Regulations 2015

Duty to consult and take other steps for persons without capacity

5.  Before considering whether direct payments are an appropriate way of meeting the needs of A where A is an adult without capacity, a local authority must—

(a) consult—

(i) anyone named by A as someone to be consulted on the issue;

(ii) anyone engaged in caring for A or with a significant interest in A’s welfare;

(iii) P; and

(iv) a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about A’s needs for care and support;

(b) where A is an adult who previously had capacity, consider, so far as reasonably practicable—

(i) A’s past and present views, wishes and feelings and, in particular, any relevant written statement made by A while still with capacity;

(ii) the beliefs and values which would be likely to influence A’s decision; and

(iii) any other relevant factors that A would in the local authority’s view be likely to consider, if able to do so; and

(c) obtain an enhanced criminal record certificate issued under section 113B of the Police Act 1997(1) in respect of P where P is an individual but is neither a relative of A nor a friend of A who is involved in A’s care.

(1)

1997 c. 50.