In pursuance of my case to received these so that i can have someone to look after Jean whilst I am at work, I have, today, received a letter from Doncaster council, via my MP that says inter alia:- "Direct Payments are currently not available to people lacking capacity, as defined by the Mental Health Act 2005 i.e a person lacks capacity in relation to a matter if he/she is unable to make a decision for him/herself in relation to a particular matter because of an impairment of, or a disturbance in the functioning of the mind or brain. The current legislation states that an individual must be able to give his or her consent in order to receive a direct payment, people who lack capacity are unable to give this consent. On 16th Nov 2007the Dept of Health published an intended modification to the bill to extend the the Direct Payments to those that lack capacity." I am about to write to the person and try to get some points clarified:- 1) No mention is made of the form the consent must take.I can ask Jean a question and obtain a yes or no. Will this suffice as consent? 2) No mention has been made of the fact that I stated other Councils have viewed the legislation in a different manner and already allow Direct Payments to Carers. 3) Due to the fact that the extension to the Bill has been published, is it not possible to pre-empt this and make the Payments anyway? I shall also copy the letter to my MP, the Minister for Health Milliband and the Shadow Minister for Health. The final paragraph of my letter will include the phrase "taking away the human rights of people with Alzheimers disease" and will make it clear that I will go that far to defend my position.