11. Interim funding policy
The Council’s Deferred Payment Agreement (DPA) policy is detailed in section 9 of this Framework, however the Council can only agree to a DPA if a person has capacity to enter into the DPA, or if they lack capacity, that someone has the legal authority to enter into a DPA on their behalf.
Where a person is taking steps to become legally appointed to act on behalf of a person who lacks capacity (for example, applying to the Court of Protection to become a deputy) this process can take several months. During this time, while a person lacking capacity needs a placement in a care home, but the person applying to act for them doesn’t have legal authority to enter into long-term funding arrangements, the person applying to become deputy can apply to the Council for an Interim Funding arrangement.
If the Client Finance Team identify that a person going into a care home has capital assets above the upper limit, or has a property, or a beneficial interest in a property, and that the person not only lacks capacity but has no-one with the legal authority to represent them, their Social Worker will take steps to identify someone who can take responsibility for becoming the legal representative (such as a court-appointed deputy).
This would usually be a family member, or friend, or solicitor, or where there is no-one else suitable, the Council can apply to the Court of Protection and act as Deputy or seek the appointment of a panel Deputy.
The circumstances where the Council will consider Interim Funding cannot be set out in a comprehensive list as there is the possibility of a situation arising for the first time, but examples of the type of situation where Interim Funding can be considered are:
- Sudden loss of mental capacity and an application to the Court of Protection is being made to appoint a deputy.
- The holder of a Lasting Power of Attorney or Enduring Power of Attorney is not able to act for the person. This could be because that person has died or they have lost mental capacity themselves, and someone else is applying to become a court-appointed deputy.
- A property is jointly owned but the other owner is unable to agree to a legal charge because, for example, they have lost mental capacity, and someone is applying to become a court-appointed deputy for this person.
- The property is unregistered, but steps are being taken to arrange registration.
- You reside in rented supported accommodation, extra care housing schemes or Shared Lives schemes and the property is being sold and you meet the conditions set out to obtain a Solicitor’s Undertaking88 .
- 88If the Council agrees interim funding and you reside in rented supported accommodation, extra care housing schemes or Shared Lives Schemes you are not entitled to have the property disregarded for the first 12 weeks you are not resident at the property. Any charge will commence form the day you reside at the alternate accommodation.