Your responsibilities

Your Case Manager will have discussed with you the options available when looking to meet your identified health needs. This information will have been used to calculate the amount of funding you will receive.

Where it has been identified that you require some form of personal support, the most popular ways of meeting this goal is by either instructing the services of a Care Agency, or employing your own Personal Assistant (PA).  A brief outline of your options can be found on this page: Finding the right support for you.

Once you have been assigned your budget, it is your responsibility to work within it and make your client contributions (if applicable) in a timely manner or your regular funding payments may be suspended.

If  you have any queries with regards to your funding agreement, please speak with your funding authority at the earliest opportunity in the first instance. If your query relates to your Virtual Wallet account, our team are standing by ready to help you.

Councils and the NHS are required to offer funding to all individuals who are eligible.  This applies to individuals who lack the mental capacity to consent to personal funding arrangements, provided there is an 'Authorised Person' designated to receive and manage the payments on their behalf, and it is in their best interests to do so.

Being appointed

Your local Council or NHS team is required to adhere to legislation and guidelines when appointing an Authorised Person. You must be willing and have the desire to take on the role of an Authorised Person, and you can receive support in managing the funding.  To be eligible, you must meet all the criteria outlined in the funding authority’s policy and the local Council/NHS checklist for appointing an Authorised Person. 

You will serve as the Authorised Person for an adult who lacks the mental capacity to consent to receiving personal funding. 

Roles and responsibilities:

• You must make decisions on behalf of the person who lacks capacity in line with best practice and always act in their best interests.
• You will be responsible for ensuring that the funding is used appropriately.
• It is important to involve the person who lacks capacity as much as possible and give them as much control and independence as you reasonably can.
• You must inform your local Council or NHS of any changes, difficulties, or if you believe the person has regained capacity.
• If the person has fluctuating capacity, you must involve them in decision-making as much as possible during periods when they have capacity. 
• You will need to sign an Agreement with your local Council or NHS regarding the use of the funding and must comply with its terms.
• You agree to use the funding to purchase services that meet the needs of the person who lacks capacity, as agreed with your funding authority.
• Arranging these services may involve legal responsibilities, such as employing staff. It is important to ensure that you act lawfully as an employer. You can seek advice from our Independent Living Advisers on this.
• If you use an agency, ask your Adviser for the relevant Factsheet to get guidance on how to use agencies safely.
• If you choose to stop acting as the Authorised Person, you must notify your local Council or NHS team immediately 

You must keep the personal funding separate from other finances. This is typically done using a virtual account or prepaid card, and occasionally, a separate bank account may be required. 

While the local Council or NHS encourages you to act on behalf of the person who lacks capacity, they must ensure that anyone in this role is aware that dishonestly abusing the position for personal gain, causing harm, or exposing the person to risk or loss could result in a fraud charge. 

Under the Fraud Act 2006, the offence of ‘abuse of position’ applies when someone who is expected to safeguard a person’s interests instead acts against them. This could lead to criminal charges. 

Keeping safe

It is strongly recommended that Disclosure and Barring Service (DBS) checks be carried out for anyone employed to provide services to an individual who lacks capacity. In some cases, such as when providing support for children, a DBS check is legally required. 

If you wish to be appointed as an Authorised Person, you may be asked to undergo a DBS check. You cannot be appointed until the check has been completed.