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Can my deputy refuse to pay for my incontinence products?

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UKUpdated · Written by BuyMeWhiskey Editorial Team · How we check facts

A deputy can only refuse a purchase if they genuinely decide it isn't in your best interests, taking account of your wishes, your carers' views and professional advice. For a basic need like continence products that's hard to justify, and you can challenge it.

Ask your deputy for their reasons in writing. If you think they aren't acting in your best interests, report a concern to the Office of the Public Guardian.

Report a concern to the OPG

The rules your deputy has to follow

A deputy appointed by the Court of Protection doesn't get to spend your money however they think best. Under the Mental Capacity Act 2005, every decision made for someone who lacks capacity must be made in that person's best interests. Deciding what's in your best interests isn't about the deputy's own preferences. The law says they must:

  • consider your past and present wishes and feelings, and the beliefs and values that would influence you
  • encourage you to take part in the decision as fully as you can
  • take into account the views of people caring for you or interested in your welfare, where it's practical and appropriate to ask them
  • consider whether the same goal can be met in a way that's less restrictive of your rights and freedom

GOV.UK's guidance for deputies adds that they must apply a high standard of care, which might mean getting advice from relatives and professionals such as doctors. They must also consider your level of capacity every time they make a decision, because capacity can differ from one decision to another and change over time.

So can they say no to continence products?

A deputy can turn down a particular purchase if they genuinely and reasonably decide it isn't in your best interests. For example, the money may be needed for something more important, or the same need may be met another way. But continence products meet a basic personal need tied to dignity, skin health and comfort. A refusal that ignores your wishes, your carers' views or medical advice, or that simply aims to save money you can afford, is hard to square with the best-interests test.

Two other principles matter. You must be assumed to have capacity unless it's shown that you lack it, and you're not to be treated as lacking capacity just because a decision seems unwise. If you can make the decision about which products to buy yourself, with help if needed, the deputy should support that rather than override it.

Practical steps

  1. Ask the deputy for their reasons. Deputies have to record the reasons for their decisions, and why they were in your best interests, in their annual report to the Office of the Public Guardian (OPG).
  2. Bring in a professional view. Ask your GP or district nurse to assess your needs. A written recommendation for a particular product makes your case much clearer.
  3. Check NHS supply. The NHS says you may be able to get incontinence products through your local continence service, depending on your local integrated care board (ICB). You may need an assessment by a healthcare professional. People with severe leaks can be supplied by continence clinics and district nurses.
  4. Don't pay VAT you don't owe. Incontinence products for a person living at home are zero-rated for VAT. That applies to disposable and washable pads, leak-proof underwear and collecting devices.
  5. Report a concern to the OPG if you think the deputy isn't acting in your best interests or is using your money wrongly.

Worked example

Margaret's deputy, her nephew, says her preferred pull-up pants are "too expensive" and buys a cheaper pad she finds uncomfortable. Here's what the numbers look like. The prices are illustrative, so check your own.

  • She uses 4 a day, which is 4 × 7 = 28 a week.
  • Her preferred product costs £12 for 14, so 2 packs a week = £24, or £24 × 52 = £1,248 a year.
  • The cheaper pad costs £8 for 14: 2 × £8 × 52 = £832 a year. The saving is £1,248 − £832 = £416 a year, about £8 a week.

Margaret's district nurse notes skin soreness with the cheaper pad and recommends the pull-ups. With that evidence, and Margaret's clear wishes, the nephew agrees to switch back and records the decision and the nurse's advice in his annual deputy report.

Ordering in bulk: a monthly order of 4 × 30 = 120 disposable pads is under HMRC's 200-pad level. A three-month order of 360 is over it, so the supplier must get a signed declaration confirming the pads are for personal use before selling them VAT-free. Without zero-rating, 20% VAT on £1,248 would add £249.60 a year.

Can my deputy refuse to pay for my incontinence products?#

Only if they reasonably decide that buying them isn't in your best interests, and for a basic need like continence that's a high bar. They must consider your wishes and feelings, carers' views and professional advice. Ask them to explain their reasons, and get a nurse or GP to put your needs in writing.

What does 'best interests' mean for a deputy?#

It means deciding as you would want, not as the deputy would prefer. The Mental Capacity Act requires them to consider your past and present wishes, your values, and the views of people who care for you. They must also look for the option that restricts your rights and freedom least.

Can I still make my own decisions if I have a deputy?#

Yes, for any decision you have the capacity to make. The law says you must be assumed to have capacity unless it's shown otherwise, and making an unwise choice doesn't prove you lack it. Deputies must think about your capacity each time they decide something.

Can I get incontinence pads free on the NHS?#

You may be able to, depending on your local integrated care board. Ask your GP about the local continence service. You'll probably need an assessment by a healthcare professional, and NHS products tend to be for heavier needs.

Do I have to pay VAT on incontinence products?#

No. Incontinence products bought by an incontinent person for use at home are zero-rated, and shop prices usually already reflect that. For large orders, such as more than 200 disposable pads, the supplier must get a signed declaration that they're for personal use.

How do I complain about my deputy?#

Report a concern to the Office of the Public Guardian online, by phone or by email. You can do this if you think the deputy isn't acting in your best interests or is misusing your money, and the OPG won't tell them who reported it. The OPG can only investigate if you lack the mental capacity to deal with the issue yourself.

Does my deputy have to record why they made a spending decision?#

Yes. A deputy's annual report to the OPG must include the reasons for their decisions, why those were in your best interests, and who they spoke to. Property and affairs deputies must also keep your money separate from their own and keep financial records.

Keep reading

Sources

  1. legislation.gov.uk: Mental Capacity Act 2005, section 4 – best interests
  2. legislation.gov.uk: Mental Capacity Act 2005, section 1 – the principles
  3. GOV.UK: Deputies – make decisions for someone who lacks capacity (responsibilities, expenses, annual report)
  4. GOV.UK: Report a concern about an attorney, deputy or guardian
  5. NHS: Incontinence products (including getting products on the NHS)
  6. HMRC internal manual VRDP21000: Incontinence products (VAT zero-rating)

Figures checked against these sources on 6 October 2026. If a rule changes, we update the page and its date.

General information, not personal financial advice. Rules depend on your circumstances; check the official source or speak to a regulated adviser before acting.