A Deputy is put in place by the Court of Protection and undertakes the responsibility for managing all of a person’s financial affairs if they become incapable of doing so themselves. This may include managing savings, pensions and all other sources of income or assets, including property and valuables. The exact level of responsibility and authority granted by the Court of Protection varies as it depends on the individual court order granted.

A Deputy is supervised and regulated by the Office of the Public Guardian, or the OPG, whilst appointees are regulated by the Department of Work and Pensions or the DWP. An Appointee has the responsibility to act in the individual’s best interest by managing a person’s welfare benefits to ensure that everyday bills are paid and to report any changes in circumstances to the DWP. Hence, an appointee has a much smaller legal authority over someone’s finances as it is restricted to their welfare benefit payments.

The primary power for appointeeship is in the Social Security Administration Act 1992, detailed in section 5. This forms the basis for how appointees are legally and procedurally administered. This gives the power to make the appointee regulations. Regulation 33 of the Social Security Claims and Payments Regulations 1987 is for older, legacy benefits. For the new style benefits, that is, Employment Support Allowance, Job Seekers Allowance, Personal Independence Payments, and Universal Credits, it is regulation 57 of the Claims and Payments Regulations 2013.

Appointeeship is not governed by the Mental Capacity Act 2005. That was deliberate because the DWP wanted to retain control of the appointeeship process and detail. However, the Act’s five underpinning principles are built into the appointeeship process. For further information about becoming a DWP appointee, please download our appointee guide for family members.

If a person is living in supported housing, a care or nursing home and is receiving welfare benefits and a social care package and they are incapable of managing their own finances, they may need a corporate appointee to help to manage their welfare benefit payments and legal responsibilities.

A Corporate Appointee is an organisation, such as The Money Carer Foundation, that is authorised by the Department of Work and Pensions to manage a vulnerable person’s benefits and to act in their best interest and free from any conflict of interest. A Corporate Appointee is usually appropriate when no identifiable, or suitable, relatives or close friends can be approached.