Where required, we will work with your legally authorised representative. If you do not have one, your Adult Care key worker will help identify someone. Such as a friend, relative, or solicitor who is willing and able to apply to become your legally appointed representative.
If there is no one who can take on this role, we will either apply to the Court of Protection to act on your behalf ourselves. Or ask the Court to appoint a Panel Deputy (a professional deputy appointed by the Office of the Public Guardian).
Your representative will not have the legal authority to access or manage your money unless they hold one of the following:
- a Lasting Power of Attorney for Property and Financial Affairs
- a Property and Financial Affairs Deputyship (court appointed authority)
- a DWP Appointeeship (which allows someone to manage your state pension and benefits)
Lasting Power of Attorney
Obtaining a Lasting Power of Attorney (LPOA) for property, financial affairs and health and welfare whilst you have mental capacity enables you to nominate a relative or trusted friend to act for you. Should a time arise when you cannot manage your affairs for yourself. An LPOA is not just for people as they get older, the earlier you put this in place means you have your affairs in order and have been able to make your own decisions.
You can only set up a LPOA when you have mental capacity. If you do not have an LPOA in place and you lose mental capacity to manage your affairs the courts will have to decide for you. This will also increase costs of appointing a financial representative.
If you are interested in making a LPOA, more information including how to apply and related costs can be found at Make, register or end a lasting power of attorney: Overview - GOV.UK
Managing finances on behalf of somebody else where they lack mental capacity.
Where a person is unable to look after their financial affairs themselves, because they do not possess mental capacity to do so, someone else can apply on their behalf.
For example, they may lack mental capacity if they have:
- dementia
- had a serious brain injury or illness
- a severe learning disability
- a mental health condition
There are two ways in which you can manage finances and property for someone who lacks capacity and does not have a prior LPOA in place. These are Appointeeship and Deputyship.
Read the Mental Capacity Act Code of Practice for more information, and also how mental capacity is assessed.
The law says a person must not be treated as unable to make a decision just because they make an unwise decision.
Appointeeship
Where a person only has benefits as their income, someone can apply to Department of Work and Pensions to manage these benefits. Where it has been deemed you lack mental capacity to manage these monies.
Appointeeship allows the collection of state benefits, maximising benefit income by applying for all applicable benefits. The person who is granted DWP Appointee can then make payments from the benefit income for care charges, personal allowance or other items considered to be in the person’s best interests.
In most cases no access is given to private pensions or any savings this will need an application to the Court of Protection for Deputyship.
Deputyship
Deputyship applies where a person lacks mental capacity and has income such as benefits, private pension and savings and/or property and does not have a Lasting Power of Attorney in place. Someone such as a relative, a trusted friend or appoint a solicitor to become Deputy. Applications are made through a solicitor to the Court of Protection to obtain Deputyship for Property and Affairs.
Court of Protection and Appointee Service
We can help manage a person’s money if they cannot do this themselves. This only happens in exceptional circumstances, and only when there is no one else who is willing, suitable or able to support them.
We offer a Corporate Appointeeship or a Deputyship. A Deputyship is arranged through the Court of Protection. We support people who live in residential care or in the community.
This support is only for financial affairs. It does not allow the Court of Protection and Appointeeship team to make decisions about someone’s care needs or where they should live.
Referrals are made by an Adult Social Care practitioner. They will carry out a mental capacity assessment and a best interests assessment before making the referral.
Corporate Appointeeship
We will apply for Appointeeship only in the following circumstances
- there are allegations of financial abuse, and the person lacks capacity to protect their benefits
- the person cannot manage their benefits for other reasons and either requests our services directly or via their social care worker
- a request is made by the Council’s Debt Recovery Team due to unpaid care charges
- there must be no one else who is willing or suitable to act for the person. The person has only state benefits, little or no other income, savings or assets
Corporate Deputyship
We can act as Deputy for a person who lacks mental capacity in respect of their Property & Affairs. This power is granted by the Court of Protection; application will only be in the following circumstances:
- where there are allegations of financial abuse. And the person lacks capacity to protect their financial affairs
- when the person has lost capacity and we need to act as Property & Affairs Deputy of last resort (i.e. no other suitable person can be found to undertake this role)
- if the Court of Protection discharge a previous Deputy or Attorney and appoint the Corporate Director
- where a request is made by our Debt Recovery Team for it due to unpaid care charges
- if the person has savings or assets which they lack capacity to manage
Contact Information
For any queries about our Court of Protection and Appointee Service please contact us.