Regulation 8 Nominated persons
The following persons may nominate another person (“a nominee”) to receive direct payments on a patient’s behalf—
a patient, who is not a child, who has capacity to consent to the making of direct payments;
the representative of a patient.
Where a patient has lost capacity and, while they had capacity, indicated a wish for a particular person to act as their nominee if they were to lose capacity, that person may be appointed as the nominee.
A nominee to whom direct payments are made in respect of a patient must—
be responsible as the contracting party for all contractual arrangements entered into for the benefit of the patient and secured by means of the direct payments, and
use the direct payments in accordance with patient’s care plan.
Before making direct payments to a nominee—
the nominee must agree to manage the direct payments on behalf of the patient, and
the Welsh Ministers must be satisfied that the nominee is a suitable person to manage the direct payments on behalf of the patient.
If a person who has nominated a nominee pursuant to paragraph (1) notifies the Welsh Ministers in writing that they wish to withdraw or change the nomination, the Welsh Ministers must consider whether to stop making the direct payments.
Where paragraph (5) applies, the Welsh Ministers must as soon as reasonably possible review the making of the direct payments in accordance with regulation 18.