Regaining Capacity Sample Clauses
Regaining Capacity. Unless a person shall have been judicially declared incompetent, such person’s capacity shall be determined restored upon a written statement to that effect by the original, certifying physicians, or two other licensed physicians, both of whom have examined the person.
Regaining Capacity. 6.1 Direct Payments are made to the Appointed Suitable Person because the Customer is unable to give their consent to receive Direct Payments from the County Council. If, at any time, the Customer regains capacity either on a long term or short term basis then the Appointed Suitable Person will inform the County Council.
6.2 If a Customer regains their Mental Capacity on a temporary basis then the Direct Payment will continue to be made to the Appointed Suitable Person. However they must allow the Customer to decide how the Direct Payment will be managed and what support services it will be spent on during the time they have regained their Mental Capacity. This temporary arrangement will be reviewed after 6 weeks.
6.3 If a Customer’s social or health care worker is satisfied that they have regained their Mental Capacity on a long term or permanent basis then the Direct Payment to the Appointed Suitable Person will stop. At which point the Customer will be asked if they wish to receive their Personal Budget via a Direct Payment. It is possible for Customers to receive Direct Payments but nominate a third party to be a supplementary card holder to help them manage their Direct Payment as long as the Customer retains control for decision making.