Currently, the initial visit would involve the social worker ascertaining five principles of capacity of the older person included in the Mental Capacity Act (2005), unless ‘it is established he lacks capacity’ (Mental Capacity Act 2005 c9 p1 s1 (2)). This is in conjunction with the Care Act (2014), which states that support would be via ‘any person whom the adult asks the authority to involve or, where the adult lacks capacity to ask the authority to do that, any person who appears to the authority to be interested in the adult’s welfare’ (Care Act 2014: c23 p1 s9 (5)).
Therefore, unless other provisions have been made, the responsibility may be given to partners or families regarding care needs. However, research suggests that the…