Appointeeship - FAQ's
A DWP, appointee is someone who is appointed to manage the welfare benefits and financial affairs of a person who is unable to do so themselves.
This could be because the person has a mental or physical disability, or they are unable to manage their own affairs for other reasons. The appointee is responsible for making sure that the person’s welfare benefits are applied for accurately, received in a separate bank account and used for the benefit of the person they are appointed to represent. They are also responsible for managing the person’s finances, paying bills and making decisions about how the person’s money is spent. To become a DWP appointee, a person must apply to the Department for Work and Pensions by completing a BF56 application form and then meet with a DWP visiting officer. Once appointed, the appointee has legal responsibilities and must act in the best interests of the person they represent and understand the 5 underpinning principles of the Mental Capacity Act 2005. View this video on the Money Carer YouTube channelA corporate appointee is an organisation that has been appointed by the DWP to manage the welfare benefit responsibilities of a claimant. For example, corporate appointees are organisations such as The Money Carer Foundation or local authorities.
For example, corporate appointees are organisations such as The Money Carer Foundation or local authorities
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A Deputy is put in place by the Court of Protection and undertakes the responsibility for the management of 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 best interest of the individual by managing a person’s welfare benefits in order to ensure that everyday bills are paid and to report any changes in circumstances to the DWP.
Hence, an appointee has a much smaller level of legal authority over someone’s finances as it is simply restricted to their welfare benefit payments.
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No, DWP appointees do not have the legal authority to access a person’s private bank account unless they have been specifically granted that authority by the person or by a court order.
Where the person has consented for their appointee to access their personal bank account, then it must be clear, that the person has the ‘decision specific’ capacity to be able to weigh up and understand this decision.
It may be appropriate to have this decision-specific understanding documented in a separate mental capacity assessment as best practice to avoid any challenges about the persons ability to consent to someone accessing their personal bank account by banks or other organisations.
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Yes.
Uniquely, we have our own banking platform with Cashplus Bank and this service is used by hundreds of law firms and local authorities to manage the finances of their own clients.
We are also able to open bank accounts for family members who are appointees, deputies, or have a lasting power of attorney.
The dedicated site for our banking platform is here.
The Appointee Security Bond was introduced by Security Bonds Ltd and Aviva Insurance by working with The Money Carer Foundation in 2015.
Purchasing a security bond represents best practice for any organisation or person looking to become an appointee, as it follows the requirement by the Court of Protection for court-appointed deputies to take out a surety bond to protect the property and finances of the vulnerable person under their charge.
The bond costs £35 per year and protects the vulnerable person under appointeeship up to £16,000 in the event of theft or fraud by the appointee.
For non-professional appointees (such as family members or friends) the bond will recompense the vulnerable person in respect of honest mistakes made by the appointee without seeking financial redress from the appointee.
Local authority safeguarding teams, or other responsible parties, can inform Deputy Bond Services of a concern to enable them to start the claim process for the vulnerable person that has suffered financial loss. The appointee bond will aim to compensate the vulnerable person within 7 working days.
Purchasing a security bond represents best practice for any organisation or person looking to become an appointee as it follows the requirement by the Court of Protection for court-appointed deputies to take out a security bond to protect the property and finances of the vulnerable person under their charge in most cases.
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Form BF56 must be completed and submitted to the relevant DWP department to become an appointee. An appointment with a DWP Visiting Officer must be made so that the DWP can assess the suitability of a person or organisation that is applying to take on the legal role.
Background checks against the individual or organisation may be made also with consent.
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If someone is unable to handle their finances due to physical or mental incapacity and struggles with tasks such as claiming benefits, paying bills, or managing their money, they may require the assistance of an appointee. This can be a temporary or permanent arrangement.
The term “appointeeship” is used by the DWP to refer to the legal authority given to an individual or organisation, such as The Money Carer Foundation, to manage another person’s welfare benefit entitlements.
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. For older, legacy benefits, it is Regulation 33 of the Social Security Claims and Payments Regulations 1987. 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.
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If a person is living in supported housing, a care or nursing home and is receiving welfare benefits and a social care package and the 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.
An appointee has to be aged 18 plus and can be a family member or trusted friend or a specialist organisation, who can be authorised by the DWP to become the person’s corporate appointee.
The local council can also act as the appointee, although there can be conflicts of interest when local authorities become appointees and, as such, many local authorities are choosing to partner with organisations such as The Money Carer Foundation. Many local authorities do not have enough resources to provide an appointeeship service, which is another reason why they are unable to take on the role.
Some care providers also still act as appointees however, again, due to the conflicts of interest, these arrangements are increasingly being discouraged by local authorities and the care services regulator as not reflecting best practice.
The rationale behind making someone an appointee is that they will have regular contact with the service user and their circle of care. This may become problematic when the appointee lives overseas.
If a client with an existing appointee moves overseas and the appointee who is staying in the UK indicates that they wish to retain the role, the DWP will discuss the position with the appointee. Unless there is someone near to where the client is moving or an organisation that is able to take on the role, then it is possible for the existing appointee can remain in place.
If the appointee wishes to remain the appointee but moves abroad with the customer remaining in the UK then it may be more suitable to consider involving a new appointee or a Corporate Appointee service such as The Money Carer Foundation to resume responsibility for the required appointeeship.
Yes, but possibly with some difficulty.
The reality is that it can be quite difficult for a DWP appointee to open a bank account with a high-street bank.
This is because an appointee does not have the same level of authority that a court of protection deputy or lasting power of attorney has. Although some banks do offer a very basic bank account for DWP appointees the process of opening an account can be long-winded and quite involved.
Some bank accounts that are available to appointees also have restrictions such as balance limitations as low as £3000 in some cases. This means that for many appointees, these restrictions don’t make the bank account practical or fit for purpose.
If you are an appointee or deputy for a loved one, you can open an FSCS-protected bank account easily on our banking platform in the same way that many solicitors and local authorities do. Just contact us and our banking services team will be happy to help.
If the current appointee no longer wishes to act and nominates another person or organisation, or if the individual is unhappy with their appointee, and has the capacity to choose an alternative appointee, they can request this.
The existing appointee would, however, need to agree to relinquish their appointeeship with the DWP, and the new appointee would need to apply by completing a BF56 document and sending it to the DWP.
Before any change of appointeeship, the DWP will need to be assured that the request to change the legal appointee is actually in the best interest of the benefit claimant.
Oftentimes, appointeeship change requests can be simple expressions of unhappiness relating to access to additional money requests by the individual. The appointee, however, may have valid reasons, or wider safeguarding concerns, that form the basis of their decisions around access to funds that could otherwise put the individual at risk.
It is important to acknowledge, that whilst the Mental Capacity Act (2005) and its 5 underpinning principles, allow for the ability of individuals to make ‘unwise decisions’, the Act was not designed to avoid difficult decision-making by practitioners in order to safeguard vulnerable people.
An appointee must inform the DWP if there is any change in a person’s circumstances that may affect their welfare benefits and also changes of address, or change of bank account details.
The amount of benefits an individual can claim can be affected by the amount of savings they have. For example, means-tested benefits will typically be stopped if a benefit recipient has savings of £16,000 or above. Welfare benefit payments for means-tested benefits are reduced when a person’s capital breached £6000 however.
The appointee will check the balance of savings for their client regularly and inform the DWP, by letter, when the total amount of savings reaches the levels that may affect a benefit claim.
An appointee does not have the authority to deal directly with banks or with capital or other income belonging to the incapacitated person. An appointee does, however, have the authority to deal with an incapacitated person’s Post Office account.
If the person does not have any friends or relatives to act as an appointee, then The Money Carer Foundation or another suitably experienced organisation can apply to become the DWP appointee.
When a person with an appointee passes away, the appointee must notify the Department for Work & Pensions to inform them of the passing at the earliest opportunity. The DWP may require a copy of the official death certificate also.
The minimum age to act as an appointee is 18 years old.
Yes.
A social worker should look at this aspect of care as part of the overall assessment and, if a client cannot manage their benefits or finances, an appointee service such as that provided by The Money Carer Foundation should be sought if there are no willing or suitable family members to take on the legal role and responsibilities.
No. Unlike Lasting Power of Attorney agreements or Court of Protection deputyship orders, there can be only one legal appointee.
Yes.
Social services can request an appointee as part of the best interest or safeguarding decisions. Social workers regularly request appointeeships when undertaking care plan assessments.
An appointee may resign if they are no longer able to carry out the role by giving one month’s written notice to the DWP
The DWP also has the power to revoke the appointeeship. If there is evidence of an appointee not acting in the best interests of the claimant, the DWP must be informed and they will investigate such claims.
Yes.
If the DWP are satisfied that the family member is suitable to undertake the duties of an appointee they can be appointed to undertake the legal responsibilities. Family members should actually be the first people approached to take on the role where possible as they are most likely to know the person requiring an appointee best.
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The appointee can be nominated for a temporary period, for example following an accident or a short-term illness. In fact, many appointeeships are temporary in so much as the service user may simply need assistance for an interim period.
Yes.
A GP can make a referral to social services and ask that an assessment is made to determine if the client requires an appointee.
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Yes.
If the client is in receipt of care and contributes a payment towards their care package, then the cost of our services, such as our appointeeship service or carers card service, could be deducted from the care contribution. This is because our service is a disability service and as such could be eligible to be deducted from care contribution costs. Although this is at the discretion of each individual council, most of the local authorities that we work with already allow for this.
Money Carer will make a request to the local authority to recalculate the care contribution amount in order to take into account our monthly fee and to deduct this from the amount paid to the local authority.
This, essentially, offsets our monthly service fee for the client.
An appointee will need to be provided with the online login details for the claimant’s universal credit journal or, online account, with the DWP.
The appointee is then responsible for keeping the DWP up to date with the claimant’s financial situation and communicating any changes in their circumstances.
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The decision to have an appointee or a general power of attorney depends on the individual’s specific needs and circumstances.
An appointee is someone authorised by the DWP to manage an individual’s welfare benefit responsibilities when they are deemed incapable of managing their own affairs due to a mental or physical disability. If the individual has the capacity to choose their own representative, an appointee may not be necessary.
On the other hand, a general power of attorney is a legal document that allows an individual to appoint someone they trust to manage their affairs on their behalf. This could include managing finances or handling legal matters.
If the individual has the capacity to choose their own representative and wants someone they trust to manage their affairs, an general power of attorney may be more suitable.
The Money Carer card is a designated bank card that is used by tens of thousands of carers across the UK to buy shopping and other items for clients or loved ones in a safe and secure way. The Money Carer Foundation was the organisation that came up with the concept and then launched the service in 2010 to support our own clients and their carers.
These days, hundreds of solicitors, local authorities, care providers, charities and families, trust our carer card service to support their own clients, carers and loved ones.
The success of the Money Carer card was one of the reasons why The Money Carer Foundation was selected by The Parliamentary Review in 2018 to represent best practice and innovation in the finance category.
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DWP Visiting Officers are individuals who work for the Department for Work and Pensions.
They are responsible for conducting home visits to verify a claimant’s eligibility for certain benefits, such as disability benefits or attendance allowance and also to verify the suitability of a prospective appointee as someone who wishes to act on behalf of the claimant.
During the visit, the DWP Visiting Officer may ask questions about the claimant’s health condition or disability, review any medical evidence or documentation provided by the claimant, and may observe the claimant carrying out certain tasks to determine their level of functional ability and also ask the prospective appointee about their relationship with the claimant amongst other questions in order to assess their perceived suitability.
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Carer Cards - FAQ's
The Money Carer card is a designated bank card that is used by tens of thousands of carers across the UK to buy shopping and other items for clients or loved ones in a safe and secure way. The Money Carer Foundation was the organisation that came up with the concept and then launched the service in 2010 to support our own clients and their carers.
These days, hundreds of solicitors, local authorities, care providers, charities and families, trust our carer card service to support their own clients, carers and loved ones.
The success of the Money Carer card was one of the reasons why The Money Carer Foundation was selected by The Parliamentary Review in 2018 to represent best practice and innovation in the finance category.
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The Money Carer card is a unique Mastercard that is linked to a bank account that is protected by the Financial Services Compensation Scheme. The account cannot go overdrawn.
The bank account is opened in the name of the vulnerable client on Money Carers’ own banking platform, and the contactless cards can be used in exactly the same way as any other Mastercard, that is, in-store, or online, however, they are not credit facilities so can not go overdrawn.
Uniquely, Money Carer has its own dedicated banking platform with Cashplus Bank which the organisation has worked in partnership with for over 10 years. Over 250 law firms and local authorities use the Money Carer banking platform to open bank accounts and support their own vulnerable clients.
Money Carer cards are contactless and can be used in any retail outlet that accepts Mastercard in-store, or online, anywhere in the world.
This means that the cards can be used in the vast majority of retail outlets as nearly all retailers accepting card payments accept payments via Mastercard.
The cards can also be used to withdraw cash from ATM machines importantly, with no fees charged for this, due to Money Carers’ unique banking partnership with Cashplus Bank.
The Money Carer cards and smartphone app, have been designed to support and protect carers, and the vulnerable people under their charge. As such, Money Carer cards and the linked Money Carer app, have a number of unique features built in.
Here are just a few of these helpful features:
- The ability to set maximum and minimum balances on the cards.
- A ‘sweep’ system to transfer excess funds from the cards and back into the funding account.
- Payment requests can be made directly from the Money Carer smartphone app.
- Instant payment notifications sent to carers via the app and by email.
- Carers and clients can make money requests directly from the Money Carer app.
- Carers can send in shopping receipts and other documents directly from the app.
- Carers and clients can send and receive secure messages on the app.
- Helpful information such as welfare benefit letters and client budgets can be viewed in the app.
- Emergency money vouchers can be requested and received in the app if a card has been lost.
The concept of the carers shopping card was developed and introduced by The Money Carer Foundation in 2010, over 13 years ago. Monies held in Money Carer card accounts are protected by the Financial Services Compensation Scheme (FSCS) as the funds are held in properly regulated bank accounts with Cashplus Bank.
Very quickly, the Money Carer card became the preferred choice of thousands of carers and care providers to be able to support the vulnerable people under their charge with a secure and protected way of obtaining client funds to perform everyday shopping tasks. Today, hundreds of law firms, local authorities and national learning disability charities choose the Money Carer card to support their own clients as Money Carer is a secure, and financially robust organisation that is entrusted to manage the finances of some of society’s most needy people.
In recent years, a number of start-up companies have launched carer card products, however, these organisations either became insolvent and failed, or were unsuccessful and moved on to new ventures leaving disappointed customers behind. Money Carer, in many cases, then assisted these individuals who are now the safe clients of our organisation.
It is always worth checking out the history and heritage of any new companies offering a prepaid card-type solution to this important client group without having any real experience in the sector.
The person or organisation managing a Money Carer card can set a balance limit on each account to avoid excessive funds accruing.
This means that if you are the appointee, attorney, or deputy of a vulnerable person and our using a Money Carer card to provide their carers with shopping funds, you can control the limits.
So for example, if the money that you manage for a loved one is held in a high street bank such as Barclays, Lloyds, or HSBC, you can set up a standing order to add funds to the Money Carer card account for nominated carers to use. However, if you wanted to set a limit on the amount of money that could be held in the account at any time then you can do that.
You would simply log on to your Money Carer account, set a balance limit, say two hundred pounds for example, and then if the balance on the Money Carer card goes above that our sweep system can automatically transfer the funds over the two hundred limit back to the bank account of your choice automatically.
This helps to provide greater protection for your loved one and demonstrates that you are acting responsibly and shows that you have financial control measures.
Yes, we can.
In fact, our ability to do this is a very helpful service as it enables us to assist family members who may have the legal responsibility for managing their loved ones’ finances however, they themselves may struggle with online banking or getting to a bank branch to set up a standing order to top up their Money Carer card.
We can take care of this by setting up a variable direct debit instruction via our banking platform. This also enables us to be able to take additional funds, one-off funds for larger purchases from time to time such as buying a new TV or enabling carers to have access to money to organise a holiday for example.
This card funding option is protected by the Direct Debit Guarantee which always means the person or organisation that is managing the finances of a loved one or client is in control.
Deputyship - FAQ's
A deputy for property and finances may be needed for individuals who are unable to manage their financial and property affairs due to various reasons such as age-related mental decline, illness, or disability. This could include:
- Elderly individuals who may have difficulty managing their finances and property due to declining mental and physical health.
- Individuals who have suffered a brain injury, stroke or other cognitive impairment which has affected their ability to make decisions about their financial and property matters.
- People with mental illnesses or disabilities which prevent them from managing their finances and property.
- Individuals with developmental disabilities who may require assistance in managing their finances and property.
In these situations, a deputy may be appointed by the court of protection to make decisions on behalf of the individual in relation to their property and finances.
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In general, anyone who is over the age of 18 and has the capacity to manage financial and property affairs can be appointed as a deputy for property and finances. However, it is important to note that being a deputy is a significant responsibility and requires a high level of trust and competence.
Here are some common types of individuals who may be appointed as a deputy for property and finances:
- Family members or close friends: Often, family members or close friends of the person who needs assistance are appointed as deputies. They may have a good understanding of the person’s wishes and preferences and can act in their best interests.
- Professional deputies: If there are no suitable family members or friends, a professional deputy may be appointed. This could be a solicitor, accountant or other professional with experience in managing financial and property affairs.
- Local authorities: In some cases, a local authority may be appointed as a deputy for property and finances, particularly if there are concerns about abuse or neglect.
It is important to note that being a deputy for property and finances is a serious responsibility and requires a high level of trust and competence. Therefore, anyone who is appointed as a deputy should be able to demonstrate that they have the necessary skills and experience to manage the person’s affairs effectively and in their best interests.
Yes, the Court of Protection can recommend a deputy for property and finances.
When an application is made to the Court of Protection to appoint a deputy, the court will consider whether it is necessary to appoint a deputy and who is best placed to act in the person’s best interests.
In some cases, the court may recommend a particular person or professional as a suitable deputy for property and finances. However, the final decision on who to appoint as a deputy will be made by the court after considering all the evidence and taking into account the person’s best interests.
It is important to note that the Court of Protection is a specialist court that deals with issues related to mental capacity and decision-making. It has the power to make decisions and appoint deputies on behalf of individuals who lack the capacity to make decisions for themselves.
The court’s overriding concern is always the best interests of the person who is the subject of the proceedings.
Yes, a social worker can recommend a deputy for property and finances in certain circumstances. Social services may become involved in a person’s affairs if they are vulnerable or at risk of harm and do not have anyone to act on their behalf.
If social services identify that a person is unable to manage their own finances and property, they may make an application to the Court of Protection for the appointment of a deputy. Social services can also provide information to the court about suitable individuals or professionals who may be suitable to act as a deputy for property and finances.
However, it is important to note that the final decision on who to appoint as a deputy will be made by the court after considering all the evidence and taking into account the person’s best interests. The court will also consider any recommendations made by social services and other relevant parties before making a decision on who to appoint as a deputy.
When appointed as a deputy for property and finances, the deputy has a range of responsibilities that they must fulfil in order to act in the best interests of the person they are representing. These responsibilities include:
- Managing finances: The deputy is responsible for managing the person’s finances, which includes paying bills, managing bank accounts, investing funds, and ensuring that the person’s financial affairs are in order.
- Making decisions: The deputy must make decisions on behalf of the person in relation to their finances and property, taking into account the person’s wishes, beliefs, and values. The deputy must act in the person’s best interests and ensure that any decisions made are in line with the principles of the Mental Capacity Act 2005.
- Keeping records: The deputy must keep accurate and up-to-date records of all financial transactions and decisions made on behalf of the person. This includes keeping receipts, invoices, bank statements, and other financial documents.
- Reporting to the Office of the Public Guardian (OPG): The deputy must submit an annual report to the OPG, which provides details of all financial transactions and decisions made on behalf of the person. The report must be reviewed by a solicitor or other professional, and any discrepancies or concerns must be addressed.
- Consulting with others: The deputy should consult with the person’s family, friends, and carers to ensure that decisions made are in line with the person’s wishes and preferences.
- Seeking professional advice: The deputy should seek professional advice when needed, such as from a solicitor or accountant, to ensure that they are fulfilling their responsibilities effectively.
Yes, a deputyship can be temporary. In the UK, the Court of Protection can appoint a deputy for a fixed period of time if it is deemed necessary. This is known as a “limited deputyship” and may be appropriate in situations where the person is expected to regain capacity in the near future.
For example, if an individual is undergoing medical treatment or therapy that is expected to improve their mental capacity within a set period of time, a limited deputyship may be appropriate. In this case, the deputy would be appointed for a fixed period of time and would have the authority to make decisions on behalf of the person during that period.
It is important to note that a limited deputyship may not be appropriate in all cases, and the court will consider all the evidence before making a decision on whether to grant a limited deputyship or a permanent deputyship.
In general, a permanent deputyship is more commonly granted when the person’s capacity is unlikely to improve, or if there are ongoing concerns about their ability to manage their financial and property affairs.
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If you are applying to be a Deputy for Property and Affairs for someone who lacks the capacity to manage their own finances, there are several costs involved, which may include:
The Application fee:
There is a one-time application fee to become a deputy, which is currently £371 in England and Wales. This fee covers the cost of processing your application.
An Assessment fee:
In addition to the application fee, you may also need to pay an assessment fee for a medical professional to assess the capacity of the person you wish to become a deputy for. This fee can vary depending on the healthcare professional you choose.
The Security Bond fee:
If you are appointed as a deputy, you may be required to pay a bond fee. The bond fee is a type of insurance that ensures the person’s finances are protected from any misuse or mishandling by the deputy. The cost of the bond fee can vary depending on the size of the person’s estate and the level of risk involved.
Ongoing fees:
Once appointed as a deputy, there may be ongoing fees to pay for things like annual supervision and filing annual reports with the Court of Protection. These fees can vary depending on the complexity of the person’s estate and the level of supervision required.
It’s worth noting that if the person you wish to become a deputy for is on a low income, they may be eligible for help with the application fee and assessment fee.
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According to the OPG Annual Report 2021-2022, there were 56,862 active deputyships under their supervision.
A mental capacity assessment to ascertain if a deputyship application to the court of protection will be needed, is a formal evaluation conducted to determine an individual’s ability to make decisions for themselves and understand the implications and consequences of those decisions.
A capacity assessment for deputyship is typically carried out when there are concerns about a person’s capacity to make decisions about their financial affairs and understanding of everyday money management.
The assessment is usually conducted by health or social care professionals, such as doctors, psychologists, or psychiatrists, or social workers who are trained in assessing mental capacity.
They will assess the individual’s cognitive abilities, understanding, memory, reasoning, and communication skills to determine whether they have the capacity to make informed decisions.
The assessment process may involve interviews, discussions, and standardised tests, such as the Montreal Cognitive Assessment.
The professionals conducting the assessment will consider various factors, such as the person’s ability to understand and retain information, weigh the pros and cons of different options, and communicate their decisions clearly.
The purpose of a mental capacity assessment is to determine whether an individual has the capacity to make decisions independently or whether they require assistance or support provided by a deputy, appointee or advocate, to make decisions in their best interests.
The assessment aims to respect and uphold the person’s autonomy while ensuring their well-being and protection when they lack the capacity to make decisions that may significantly impact their life.
The Montreal Cognitive Assessment is a widely used cognitive screening tool designed to assess various cognitive domains, including attention and concentration, executive functions, memory, language, visuo-constructional skills, conceptual thinking, calculations, and orientation. It was created by Dr. Ziad Nasreddine in 1996 and is commonly used to detect mild cognitive impairment and early signs of dementia, such as Alzheimer’s disease.
The Montreal Cognitive Assessment consists of a series of tasks and questions that evaluate different aspects of cognitive function. It takes approximately 10-15 minutes to administer and has a maximum score of 30 points.
The assessment covers a range of cognitive abilities, including short-term memory recall, visuospatial abilities, naming objects, attention and concentration, abstraction, and orientation to time and place.
The test is typically administered by a health or social care professional, such as a doctor, nurse, social worker or psychologist. The professional reads the instructions and presents the tasks to the individual being assessed. The person taking the test responds orally or by writing down their answers, depending on the task.
The Montreal Cognitive Assessment has gained popularity due to its ability to detect mild cognitive impairment that might not be captured by other screening tests like the Mini-Mental State Examination. It is considered to be more sensitive in detecting cognitive changes associated with early stages of dementia.
When applying for a financial affairs deputyship, the gathering of evidence process typically involves collecting relevant information and documentation to support the application.
The purpose of gathering evidence is to demonstrate to the court of protection that the individual applying for deputyship is suitable and capable of making decisions regarding the financial affairs of the person who lacks capacity.
Here are the key steps involved in the process:
- Understanding the Requirements: Begin by familiarising yourself with the specific requirements and guidelines set by the court for a financial affairs deputyship application. These requirements may vary depending on the jurisdiction, so it’s essential to gather information from the relevant court or legal resources.
- Assessing the Person’s Capacity: Before gathering evidence, it’s important to assess the person’s mental capacity and determine whether they truly lack the capacity to make financial decisions. This assessment can be done by a qualified medical professional or an independent mental capacity assessor.
- Documentation: Collect important documents related to the person’s financial affairs, including bank statements, investment portfolios, property deeds, insurance policies, tax returns, bills, and any relevant legal documents such as power of attorney, wills, or trusts. These documents help provide a comprehensive overview of the person’s financial situation.
- Supporting Statements: Gather supporting statements from relevant parties who can provide insight into the person’s capacity and the need for a deputyship. This may include statements from family members, healthcare professionals, social workers, or any other individuals involved in the person’s care.
- Financial Assessment: Conduct a detailed financial assessment that outlines the person’s income, expenses, assets, and liabilities. This assessment should provide a clear picture of the person’s financial situation and any areas where decision-making support is needed.
- Professional Reports: In some cases, it may be necessary to obtain professional reports to support the deputyship application. These reports can be obtained from accountants, financial advisors, or solicitors who can provide an expert opinion on the person’s financial affairs and the need for deputyship.
- Application Forms: Complete the necessary application forms provided by the court. These forms typically require you to provide detailed information about the person lacking capacity, their financial situation, your relationship with them, and the reasons why you believe you are suitable to be appointed as a deputy.
- Submitting the Application: Once you have gathered all the necessary evidence, submit the completed application forms and supporting documents to the appropriate court. Pay attention to any deadlines or specific submission requirements outlined by the court.
Operational & Policy - FAQ's
Money Carer have a legal and fiduciary requirement to safeguard our clients personal financial information and adhere to principle (F) of GDPR compliance law, the ‘integrity and confidentiality’ or ‘security’ principle. Equally, we have a Duty of Confidentiality as specified in the Mental Capacity Act 2005 Code of Practice (Section 7.64).
Therefore, it is not our policy as a standard process, to provide care providers or family members with our clients private bank statements or financial information when the individual lacks capacity or we do not feel that a request is necessary. Our policy is aligned with solicitors who act as the court of protection deputy for vulnerable individuals.
We do, however, provide access to our clients bank statements relating to the bank accounts that we manage for carer spending funds or accounts that we manage for our clients personal allowance, as this is information that assists carers with everyday shopping trips and for care company reconciliation requirements.
These statements can be accessed and downloaded 24 hours per day via our secure online portal or smartphone app.
Often, when a support worker or care provider requests our clients bank account statements or total account balance, they are really trying to understand if our client has enough money to pay for a larger purchase such a summer holiday for example.
To assist with these requests whilst adhering to safeguarding and GDPR requirements, Money Carer has introduced our Savings Envelope feature.
Our savings envelopes allow us to share how much money, over and above funds required for monthly bills and allowances, is available to be used for larger purchases. Client savings envelope information can be viewed in our secure portal or smartphone app and requests for larger purchases using the funds available in a clients savings envelope can be made there also.
Related FAQ’s
Money Carer recognises the importance of working alongside family members in our role as appointee when this is clearly in the best interest of our client.
However, it is very important that family members respect, accept, and fully understand, that as the legal appointee we do not have any responsibilities to ‘report’ to, or share our clients private financial information to family members.
This is reflected in our Duty of Confidentiality specified in the Mental Capacity Act 2005 Code of Practice (Section 7.64). Equally, principle (f) of the General Data Protection Regulation (GDPR) requires compliance to the ‘integrity and confidentiality’ or ‘security’ principle.
It is very easy for the role and legal responsibilities of an appointee to become misunderstood by family members which can lead to confusion and conflicts of interest if clear and transparent lines of communication are not set out from the outset of the commencement of the appointeeship.
If family members feel that they require a higher level of involvement around everyday decision making regarding the management of a loved ones financial affairs then they should really consider taking on the legal responsibilities as the appointee, or court of protection deputy if necessary.
Unfortunately, many of the clients referred to Money Carer have been subject to financial abuse from family members or carers in the past and, as such, we are correct in our approach to set out clear boundaries regarding our role and and at what level we are able to involve family members within that role.
Where there are no apparent reasons for concern however, Money Carer has developed a process for us to be able to share client information to trusted family members. This is called our ‘Family Access Agreement’ and we simply require a family member requesting access to a clients financial information to complete and sign the agreement which sets out our reasonable conditions as way of a Memorandum of Understanding.
Once read, signed and returned, the family member is able to create a Money Carer account on our secure portal in order to access the shared information we can provide access to. This information is also available via our smartphone app.
Our Family Access Agreement form is available here.
Related FAQ’s
Care Provider Requests for Client Financial Information
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