# The Disabled People’s Right to Control (Pilot Scheme) (England) Regulations 2010, Regulation 9: Support plan: cases where beneficiary lacks capacity to approve


(1) Where P falls within paragraph (2) or is believed by the responsible authority to fall within that paragraph, the responsible authority must if possible work with a suitable person (“S”) other than P to develop a support plan for P.
(2) P falls within this paragraph if P lacks capacity to approve the provisions of a support plan.
(3) Where the responsible authority works with S pursuant to subsection (1)—
(a) if S approves the support plan, S must sign the plan; and
(b) where S is not a surrogate of P and a surrogate of P approves the support plan, that surrogate must sign the plan.
(4) In developing the support plan, the responsible authority must so far as reasonably practicable and appropriate consult and take into account the views of—
(a) anyone named by P as someone to be consulted on the matter of a support plan relating to community care services,
(b) anyone engaged in caring for P or interested in P’s welfare, and
(c) any surrogate or other representative of P.
(5) In developing the support plan, the responsible authority must also, so far as they are ascertainable, consider—
(a) P’s past and present wishes and feelings (and, in particular, any relevant written statement made by P when P had capacity to approve a support plan),
(b) the beliefs and values that would be likely to influence P’s decisions in relation to the support plan if P had such capacity, and
(c) the other factors that P would be likely to consider if P were able to do so.
(6) The responsible authority may arrange for a support plan under this regulation to be combined with a support plan developed in relation to any other right to control service provided to P.

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Source: https://www.legislation.gov.uk/ukdsi/2010/9780111502310/regulation/9 (the official version)
Page: https://openlegislation.uk/draft-disabled-peoples-right-to-control-pilot-scheme-england-regulations-2010/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.