Commentary on Sections Preliminary Section 8: Expenditure
46.This is to be read with sections 5 and 7. It allows a person who is acting under section 5 and who arranges something for P’s care or treatment that costs money to do certain things. He can promise that P will pay, use money which P has in his possession and pay himself back from P’s money in his possession or consider himself owed by P. This restates existing common law rules which provide that a person acting as an “agent of necessity” for another person should not be out of pocket as a result. A carer might, acting in P’s best interests, arrange the delivery of disability aids or household items. Nothing in this section allows a carer to gain access to P’s funds where they are held by a third party such as a bank or building society. The bank or building society would remain bound by contractual obligations to P until formal steps were taken (for example, registering a relevant power of attorney, or obtaining a court order).
47.Subsection (3) recognises that some people may have control over P’s money or property by other routes, for example under the Social Security (Claims and Payments) Regulations 1987 (SI 1987/1968) or by way of banking arrangements.