Appointeeship and Court of Protection
People may have a condition or illness that affects their ability to make decisions. We can act as an Appointee or Deputy when someone lacks mental capacity. This means we will manage their financial affairs and benefits if they have no-one else to do it.
Appointeeship
An Appointee is somebody who is put in place to manage a person's benefits. This occurs when:
- the individual is not able to manage their own finances and
- an LPA is not in place
This Appointee cannot make decisions about anything other than benefits.
The Department for Work and Pensions or a Social Worker will carry out an assessment to determine whether a person has ability to manage their benefits. If they cannot, a person will be chosen to do this for them.
Most of the time the person selected for this will be a member of the person's family. It is also important to note that it can be someone from an organisation who provides an Appointee service. An example of this is the Local Authority.
Court of Protection
If an LPA is not in place an application can be made to the Court of Protection for a Deputy appointment to manage a person's financial affairs. This occurs in an instance where a person has lost capacity and decisions need to be made in respect of their:
- finances
- assets or property
A Deputy may be:
- family members or friends
- a Professional Deputy (mainly legal firms specialising in this area of law)
- the Local Authority acting as Deputy (usually as a ‘last resort’ where nobody else can act)
The order of appointment will set out the scope of the Deputy's authority and powers to act on the person's behalf. Any Deputy appointed by the court has a responsibility to act in accordance with the Mental Capacity Act. A Deputy can only make decisions where the person is not able to do so themselves. More formal decisions will require an assessment of capacity by a professional. An example of this is a Social Worker.