Appointeeship and Deputyship FAQs
Welfare benefits, carer cards and money
management for vulnerable people FAQ’s
Appointeeship - FAQ's
A DWP appointee is someone who is appointed to manage the welfare benefits and money management matters 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 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 channel
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A corporate appointee is an organisation 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.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
View this video on the Money Carer YouTube channel
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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.
Becoming an Appointee – A Family Guide – from Money Carer
View this video on the Money Carer YouTube channel
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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.
View this video on the Money Carer YouTube channel
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Yes.
Uniquely, we have our own banking platform with Zempler 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.
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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.
View this video in the Money Carer YouTube channel
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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.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
View this video on the Money Carer YouTube channel
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If someone cannot 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 DWP uses the term ” appointeeship ” 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.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
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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.
View this video on the Money Carer YouTube channel
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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.
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An appointee has to be aged 18 plus and can be a family member or trusted friend or a specialist organisation whom the DWP can authorise 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. As such, many local authorities are choosing to partner with organisations such as Money Carer. Many local authorities do not have enough resources to provide an appointeeship service, which is another reason they cannot 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.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
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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.
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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. Open an appointee bank account here.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
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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.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
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An appointee must inform the DWP if there is any change in a person’s circumstances that may affect their welfare benefits, including changes of address or 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.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
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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.
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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.
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The minimum age to act as an appointee is 18 years old.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
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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.
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No. Unlike Lasting Power of Attorney agreements or Court of Protection deputyship orders, there can be only one legal appointee.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
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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.
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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.
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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.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
View this video on the Money Carer YouTube channel
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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.
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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.
View this video on the Money Carer YouTube channel
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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.
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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.
View this video on the Money Carer YouTube channel
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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.
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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.
View this video in the Money Carer YouTube channel
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DWP Visiting Officers 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 specific tasks to determine their level of functional ability and also ask the prospective appointee about their relationship with the claimant amongst other questions to assess their perceived suitability.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
View this video on the Money Carer YouTube channel
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The Mental Capacity Act 2005 (MCA) and the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are both legal frameworks that address issues related to decision-making and the rights of individuals with impaired or diminished capacity. However, they have key differences in scope, principles, and approach. Here are the main differences between the two:
- International vs. National:
- CRPD: The CRPD is an international treaty adopted by the United Nations in 2006. It sets out a comprehensive framework for protecting the rights of persons with disabilities globally. It is not specific to any country and serves as a guideline for countries to develop their disability rights laws and policies.
- MCA 2005: The Mental Capacity Act 2005 is a national law enacted in England and Wales. It is specific to these two jurisdictions and provides a legal framework for decision-making for individuals who lack the capacity to make decisions about their affairs.
- Scope:
- CRPD: The CRPD is a broad human rights treaty that covers a wide range of rights and issues related to persons with disabilities, including but not limited to decision-making capacity. It addresses accessibility, education, employment, and social inclusion.
- MCA 2005: The MCA 2005 is primarily focused on issues related to mental capacity and decision-making. It provides a legal framework for making decisions on behalf of individuals who lack capacity, including decisions about healthcare, finances, and living arrangements.
- Principles:
- CRPD: The CRPD is based on a social model of disability, which emphasizes the importance of inclusion, equality, and non-discrimination. It promotes the idea that disability results from societal barriers and attitudes, rather than inherent limitations of individuals.
- MCA 2005: The MCA 2005 is more focused on a functional assessment of capacity. It provides a legal framework for making decisions in the best interests of individuals who lack capacity, with a primary emphasis on their welfare and protection.
- Decision-Making Process:
- CRPD: The CRPD encourages supported decision-making, where individuals with disabilities are provided with the necessary support to make decisions to the fullest extent possible. It also recognizes the right to legal capacity for all persons with disabilities, meaning that their will and preferences should be respected in all matters, and any substitute decision-making should be a last resort.
- MCA 2005: The MCA 2005 allows for substituted decision-making, where others make decisions on behalf of individuals who lack capacity when it is in their best interests. It emphasizes a process of assessing capacity and determining what is in the individual’s best interests, often with input from family members, healthcare professionals, or legal representatives.
In summary, the CRPD is an international human rights treaty that covers a wide range of disability rights, including decision-making, and promotes a social model of disability and supported decision-making. In contrast, the MCA 2005 is a specific national law focused on decision-making for individuals lacking capacity in England and Wales, with an emphasis on functional capacity assessment and substituted decision-making in the individual’s best interests. The two frameworks have different scopes, principles, and approaches, reflecting their different purposes and contexts.
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Does the Court of Protection set Up Appointeeships?
No, an appointeeship is not made in the Court of Protection. Instead, appointeeships are managed by the Department for Work and Pensions (DWP) or the Social Security Agency in Northern Ireland.
An appointeeship is a legal arrangement that allows someone to manage the financial affairs and benefits of an individual who cannot do so themselves due to incapacity or mental health issues.
Here’s how the process typically works:
- Application: A family member, friend, or relevant authority, such as a social worker, can apply to become an appointee on behalf of the vulnerable individual. This application is typically made to the DWP.
- Assessment: The DWP will assess the proposed appointee’s suitability and review the vulnerable person’s circumstances to determine if an appointeeship is necessary. This assessment is typically done by a visiting officer and is to ensure that the vulnerable individual’s best interests are protected.
- Appointment: If the DWP determines that an appointeeship is appropriate, they will appoint the chosen individual as the appointee. The appointee is responsible for managing the vulnerable person’s benefits, paying bills, and making financial decisions on their behalf.
- Ongoing Responsibilities: The appointee has a legal duty to act in the best interests of the person they are representing. They are required to keep accurate records of financial transactions and report regularly to the DWP.
- Court of Protection: The Court of Protection in the UK is primarily concerned with making decisions on behalf of individuals who lack mental capacity to make decisions about their finances, health, or welfare. It can also make decisions about Lasting Powers of Attorney and Deputyship orders. If there is a dispute or concern about the appointment of an appointee, it may be brought before the Court of Protection for resolution.
It’s essential to note that the specific process and terminology may vary between different parts of the UK, as Scotland, Wales, and Northern Ireland have their own systems for managing these matters. Therefore, if you are dealing with appointeeships or similar issues, it’s advisable to seek legal advice or guidance from relevant government agencies or local authorities to ensure compliance with the applicable laws and regulations in your area.
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Appointeeship and Fiduciary Responsibilities
In the UK, an appointee for welfare benefits has several fiduciary responsibilities to ensure that they act in the best interest of the individual for whom they manage benefits. These responsibilities include:
- Duty of Care: The appointee must act with a high level of care and competence, ensuring that all decisions and actions taken are in the beneficiary’s best interest. This includes understanding the beneficiary’s needs and managing their benefits accordingly.
- Duty of Loyalty: The appointee must prioritize the beneficiary’s interests above their own or those of any other parties. They must avoid conflicts of interest and act solely for the beneficiary’s benefit.
- Duty to Act in Good Faith: The appointee must act honestly, with integrity, and in good faith in all their dealings on behalf of the beneficiary. This includes transparent handling of the beneficiary’s financial matters and making decisions for their benefit.
- Duty to Account: The appointee is responsible for keeping accurate and detailed records of all transactions and financial decisions made on behalf of the beneficiary. This includes maintaining receipts, statements, and records of expenditures and income.
- Duty to Inform: The appointee must ensure that the beneficiary is informed about their financial situation and any significant decisions that affect their benefits, as much as the beneficiary’s condition allows. Regular updates and clear communication are part of this duty.
- Duty to Act Lawfully: The appointee must comply with all relevant laws and regulations concerning the management of welfare benefits. This includes adhering to the rules set out by the Department for Work and Pensions (DWP) and other relevant bodies.
- Duty to Preserve Assets: The appointee must take steps to protect and preserve the beneficiary’s financial resources. This involves prudent management of funds, avoiding unnecessary or wasteful expenditure, and ensuring that the beneficiary’s benefits are used for their intended purpose.
- Duty of Confidentiality: The appointee must keep the beneficiary’s personal and financial information confidential, sharing it only when necessary and with appropriate consent or legal authority.
- Ensuring Proper Use of Benefits: The appointee must ensure that the welfare benefits are used for the benefit of the individual, meeting their living expenses, care needs, and other essential requirements. They must avoid using the funds for any purpose not directly related to the beneficiary’s well-being.
- Review and Reporting: The appointee may be required to report to the DWP or other relevant bodies about the management of the beneficiary’s benefits. They must be prepared for reviews and provide evidence of proper management and expenditure of the benefits.
By adhering to these fiduciary responsibilities, an appointee ensures that they manage the welfare benefits in a manner that protects the beneficiary’s interests and upholds their legal and ethical obligations.
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The Money Carer Current Account Switching service is a collaboration between Pay.UK, Zempler Bank, and Money Carer to provide a bank account switching service between a vulnerable person’s existing bank account to their new bank account opened for them on the Money Carer banking platform (named ‘Monika’)
This important new service will significantly simplify the process of closing and transferring bank account balances and all inbound and outbound payments from a person’s old bank account to their new bank account with Money Carer. Everything will happen within seven working days. Deputies, appointees and attorneys can all access the service free of charge from September 9th, 2024.
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Cards and Managed Bank Accounts
The Money Carer Current Account Switching service is a collaboration between Pay.UK, Zempler Bank, and Money Carer to provide a bank account switching service between a vulnerable person’s existing bank account to their new bank account opened for them on the Money Carer banking platform (named ‘Monika’)
This important new service will significantly simplify the process of closing and transferring bank account balances and all inbound and outbound payments from a person’s old bank account to their new bank account with Money Carer. Everything will happen within seven working days. Deputies, appointees and attorneys can all access the service free of charge from September 9th, 2024.
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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.
View this video in the Money Carer YouTube channel
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Current Account Switching Service
The Money Carer Current Account Switching service is a collaboration between Pay.UK, Zempler Bank, and Money Carer to provide a bank account switching service between a vulnerable person’s existing bank account to their new bank account opened for them on the Money Carer banking platform (named ‘Monika’)
This important new service will significantly simplify the process of closing and transferring bank account balances and all inbound and outbound payments from a person’s old bank account to their new bank account with Money Carer. Everything will happen within seven working days. Deputies, appointees and attorneys can all access the service free of charge from September 9th, 2024.
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Deputyship - FAQ's
The Mental Capacity Act 2005 (MCA) and the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are both legal frameworks that address issues related to decision-making and the rights of individuals with impaired or diminished capacity. However, they have key differences in scope, principles, and approach. Here are the main differences between the two:
- International vs. National:
- CRPD: The CRPD is an international treaty adopted by the United Nations in 2006. It sets out a comprehensive framework for protecting the rights of persons with disabilities globally. It is not specific to any country and serves as a guideline for countries to develop their disability rights laws and policies.
- MCA 2005: The Mental Capacity Act 2005 is a national law enacted in England and Wales. It is specific to these two jurisdictions and provides a legal framework for decision-making for individuals who lack the capacity to make decisions about their affairs.
- Scope:
- CRPD: The CRPD is a broad human rights treaty that covers a wide range of rights and issues related to persons with disabilities, including but not limited to decision-making capacity. It addresses accessibility, education, employment, and social inclusion.
- MCA 2005: The MCA 2005 is primarily focused on issues related to mental capacity and decision-making. It provides a legal framework for making decisions on behalf of individuals who lack capacity, including decisions about healthcare, finances, and living arrangements.
- Principles:
- CRPD: The CRPD is based on a social model of disability, which emphasizes the importance of inclusion, equality, and non-discrimination. It promotes the idea that disability results from societal barriers and attitudes, rather than inherent limitations of individuals.
- MCA 2005: The MCA 2005 is more focused on a functional assessment of capacity. It provides a legal framework for making decisions in the best interests of individuals who lack capacity, with a primary emphasis on their welfare and protection.
- Decision-Making Process:
- CRPD: The CRPD encourages supported decision-making, where individuals with disabilities are provided with the necessary support to make decisions to the fullest extent possible. It also recognizes the right to legal capacity for all persons with disabilities, meaning that their will and preferences should be respected in all matters, and any substitute decision-making should be a last resort.
- MCA 2005: The MCA 2005 allows for substituted decision-making, where others make decisions on behalf of individuals who lack capacity when it is in their best interests. It emphasizes a process of assessing capacity and determining what is in the individual’s best interests, often with input from family members, healthcare professionals, or legal representatives.
In summary, the CRPD is an international human rights treaty that covers a wide range of disability rights, including decision-making, and promotes a social model of disability and supported decision-making. In contrast, the MCA 2005 is a specific national law focused on decision-making for individuals lacking capacity in England and Wales, with an emphasis on functional capacity assessment and substituted decision-making in the individual’s best interests. The two frameworks have different scopes, principles, and approaches, reflecting their different purposes and contexts.
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Does the Court of Protection set Up Appointeeships?
No, an appointeeship is not made in the Court of Protection. Instead, appointeeships are managed by the Department for Work and Pensions (DWP) or the Social Security Agency in Northern Ireland.
An appointeeship is a legal arrangement that allows someone to manage the financial affairs and benefits of an individual who cannot do so themselves due to incapacity or mental health issues.
Here’s how the process typically works:
- Application: A family member, friend, or relevant authority, such as a social worker, can apply to become an appointee on behalf of the vulnerable individual. This application is typically made to the DWP.
- Assessment: The DWP will assess the proposed appointee’s suitability and review the vulnerable person’s circumstances to determine if an appointeeship is necessary. This assessment is typically done by a visiting officer and is to ensure that the vulnerable individual’s best interests are protected.
- Appointment: If the DWP determines that an appointeeship is appropriate, they will appoint the chosen individual as the appointee. The appointee is responsible for managing the vulnerable person’s benefits, paying bills, and making financial decisions on their behalf.
- Ongoing Responsibilities: The appointee has a legal duty to act in the best interests of the person they are representing. They are required to keep accurate records of financial transactions and report regularly to the DWP.
- Court of Protection: The Court of Protection in the UK is primarily concerned with making decisions on behalf of individuals who lack mental capacity to make decisions about their finances, health, or welfare. It can also make decisions about Lasting Powers of Attorney and Deputyship orders. If there is a dispute or concern about the appointment of an appointee, it may be brought before the Court of Protection for resolution.
It’s essential to note that the specific process and terminology may vary between different parts of the UK, as Scotland, Wales, and Northern Ireland have their own systems for managing these matters. Therefore, if you are dealing with appointeeships or similar issues, it’s advisable to seek legal advice or guidance from relevant government agencies or local authorities to ensure compliance with the applicable laws and regulations in your area.
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0
The Money Carer Current Account Switching service is a collaboration between Pay.UK, Zempler Bank, and Money Carer to provide a bank account switching service between a vulnerable person’s existing bank account to their new bank account opened for them on the Money Carer banking platform (named ‘Monika’)
This important new service will significantly simplify the process of closing and transferring bank account balances and all inbound and outbound payments from a person’s old bank account to their new bank account with Money Carer. Everything will happen within seven working days. Deputies, appointees and attorneys can all access the service free of charge from September 9th, 2024.
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Power of Attorney - FAQ's
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.
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Welfare Benefit - FAQ's
Does the Court of Protection set Up Appointeeships?
No, an appointeeship is not made in the Court of Protection. Instead, appointeeships are managed by the Department for Work and Pensions (DWP) or the Social Security Agency in Northern Ireland.
An appointeeship is a legal arrangement that allows someone to manage the financial affairs and benefits of an individual who cannot do so themselves due to incapacity or mental health issues.
Here’s how the process typically works:
- Application: A family member, friend, or relevant authority, such as a social worker, can apply to become an appointee on behalf of the vulnerable individual. This application is typically made to the DWP.
- Assessment: The DWP will assess the proposed appointee’s suitability and review the vulnerable person’s circumstances to determine if an appointeeship is necessary. This assessment is typically done by a visiting officer and is to ensure that the vulnerable individual’s best interests are protected.
- Appointment: If the DWP determines that an appointeeship is appropriate, they will appoint the chosen individual as the appointee. The appointee is responsible for managing the vulnerable person’s benefits, paying bills, and making financial decisions on their behalf.
- Ongoing Responsibilities: The appointee has a legal duty to act in the best interests of the person they are representing. They are required to keep accurate records of financial transactions and report regularly to the DWP.
- Court of Protection: The Court of Protection in the UK is primarily concerned with making decisions on behalf of individuals who lack mental capacity to make decisions about their finances, health, or welfare. It can also make decisions about Lasting Powers of Attorney and Deputyship orders. If there is a dispute or concern about the appointment of an appointee, it may be brought before the Court of Protection for resolution.
It’s essential to note that the specific process and terminology may vary between different parts of the UK, as Scotland, Wales, and Northern Ireland have their own systems for managing these matters. Therefore, if you are dealing with appointeeships or similar issues, it’s advisable to seek legal advice or guidance from relevant government agencies or local authorities to ensure compliance with the applicable laws and regulations in your area.
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Appointeeship - FAQ's
A DWP appointee is someone who is appointed to manage the welfare benefits and money management matters 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 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 channel
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A corporate appointee is an organisation 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.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
View this video on the Money Carer YouTube channel
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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.
Becoming an Appointee – A Family Guide – from Money Carer
View this video on the Money Carer YouTube channel
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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.
View this video on the Money Carer YouTube channel
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Yes.
Uniquely, we have our own banking platform with Zempler 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.
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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.
View this video in the Money Carer YouTube channel
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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.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
View this video on the Money Carer YouTube channel
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If someone cannot 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 DWP uses the term ” appointeeship ” 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.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
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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.
View this video on the Money Carer YouTube channel
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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.
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An appointee has to be aged 18 plus and can be a family member or trusted friend or a specialist organisation whom the DWP can authorise 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. As such, many local authorities are choosing to partner with organisations such as Money Carer. Many local authorities do not have enough resources to provide an appointeeship service, which is another reason they cannot 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.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
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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.
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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. Open an appointee bank account here.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
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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.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
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An appointee must inform the DWP if there is any change in a person’s circumstances that may affect their welfare benefits, including changes of address or 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.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
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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.
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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.
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The minimum age to act as an appointee is 18 years old.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
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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.
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No. Unlike Lasting Power of Attorney agreements or Court of Protection deputyship orders, there can be only one legal appointee.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
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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.
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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.
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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.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
View this video on the Money Carer YouTube channel
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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.
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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.
View this video on the Money Carer YouTube channel
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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.
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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.
View this video on the Money Carer YouTube channel
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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.
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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.
View this video in the Money Carer YouTube channel
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DWP Visiting Officers 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 specific tasks to determine their level of functional ability and also ask the prospective appointee about their relationship with the claimant amongst other questions to assess their perceived suitability.
For further information about becoming a DWP appointee, please download our appointee guide for family members.
View this video on the Money Carer YouTube channel
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The Mental Capacity Act 2005 (MCA) and the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are both legal frameworks that address issues related to decision-making and the rights of individuals with impaired or diminished capacity. However, they have key differences in scope, principles, and approach. Here are the main differences between the two:
- International vs. National:
- CRPD: The CRPD is an international treaty adopted by the United Nations in 2006. It sets out a comprehensive framework for protecting the rights of persons with disabilities globally. It is not specific to any country and serves as a guideline for countries to develop their disability rights laws and policies.
- MCA 2005: The Mental Capacity Act 2005 is a national law enacted in England and Wales. It is specific to these two jurisdictions and provides a legal framework for decision-making for individuals who lack the capacity to make decisions about their affairs.
- Scope:
- CRPD: The CRPD is a broad human rights treaty that covers a wide range of rights and issues related to persons with disabilities, including but not limited to decision-making capacity. It addresses accessibility, education, employment, and social inclusion.
- MCA 2005: The MCA 2005 is primarily focused on issues related to mental capacity and decision-making. It provides a legal framework for making decisions on behalf of individuals who lack capacity, including decisions about healthcare, finances, and living arrangements.
- Principles:
- CRPD: The CRPD is based on a social model of disability, which emphasizes the importance of inclusion, equality, and non-discrimination. It promotes the idea that disability results from societal barriers and attitudes, rather than inherent limitations of individuals.
- MCA 2005: The MCA 2005 is more focused on a functional assessment of capacity. It provides a legal framework for making decisions in the best interests of individuals who lack capacity, with a primary emphasis on their welfare and protection.
- Decision-Making Process:
- CRPD: The CRPD encourages supported decision-making, where individuals with disabilities are provided with the necessary support to make decisions to the fullest extent possible. It also recognizes the right to legal capacity for all persons with disabilities, meaning that their will and preferences should be respected in all matters, and any substitute decision-making should be a last resort.
- MCA 2005: The MCA 2005 allows for substituted decision-making, where others make decisions on behalf of individuals who lack capacity when it is in their best interests. It emphasizes a process of assessing capacity and determining what is in the individual’s best interests, often with input from family members, healthcare professionals, or legal representatives.
In summary, the CRPD is an international human rights treaty that covers a wide range of disability rights, including decision-making, and promotes a social model of disability and supported decision-making. In contrast, the MCA 2005 is a specific national law focused on decision-making for individuals lacking capacity in England and Wales, with an emphasis on functional capacity assessment and substituted decision-making in the individual’s best interests. The two frameworks have different scopes, principles, and approaches, reflecting their different purposes and contexts.
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Does the Court of Protection set Up Appointeeships?
No, an appointeeship is not made in the Court of Protection. Instead, appointeeships are managed by the Department for Work and Pensions (DWP) or the Social Security Agency in Northern Ireland.
An appointeeship is a legal arrangement that allows someone to manage the financial affairs and benefits of an individual who cannot do so themselves due to incapacity or mental health issues.
Here’s how the process typically works:
- Application: A family member, friend, or relevant authority, such as a social worker, can apply to become an appointee on behalf of the vulnerable individual. This application is typically made to the DWP.
- Assessment: The DWP will assess the proposed appointee’s suitability and review the vulnerable person’s circumstances to determine if an appointeeship is necessary. This assessment is typically done by a visiting officer and is to ensure that the vulnerable individual’s best interests are protected.
- Appointment: If the DWP determines that an appointeeship is appropriate, they will appoint the chosen individual as the appointee. The appointee is responsible for managing the vulnerable person’s benefits, paying bills, and making financial decisions on their behalf.
- Ongoing Responsibilities: The appointee has a legal duty to act in the best interests of the person they are representing. They are required to keep accurate records of financial transactions and report regularly to the DWP.
- Court of Protection: The Court of Protection in the UK is primarily concerned with making decisions on behalf of individuals who lack mental capacity to make decisions about their finances, health, or welfare. It can also make decisions about Lasting Powers of Attorney and Deputyship orders. If there is a dispute or concern about the appointment of an appointee, it may be brought before the Court of Protection for resolution.
It’s essential to note that the specific process and terminology may vary between different parts of the UK, as Scotland, Wales, and Northern Ireland have their own systems for managing these matters. Therefore, if you are dealing with appointeeships or similar issues, it’s advisable to seek legal advice or guidance from relevant government agencies or local authorities to ensure compliance with the applicable laws and regulations in your area.
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Appointeeship and Fiduciary Responsibilities
In the UK, an appointee for welfare benefits has several fiduciary responsibilities to ensure that they act in the best interest of the individual for whom they manage benefits. These responsibilities include:
- Duty of Care: The appointee must act with a high level of care and competence, ensuring that all decisions and actions taken are in the beneficiary’s best interest. This includes understanding the beneficiary’s needs and managing their benefits accordingly.
- Duty of Loyalty: The appointee must prioritize the beneficiary’s interests above their own or those of any other parties. They must avoid conflicts of interest and act solely for the beneficiary’s benefit.
- Duty to Act in Good Faith: The appointee must act honestly, with integrity, and in good faith in all their dealings on behalf of the beneficiary. This includes transparent handling of the beneficiary’s financial matters and making decisions for their benefit.
- Duty to Account: The appointee is responsible for keeping accurate and detailed records of all transactions and financial decisions made on behalf of the beneficiary. This includes maintaining receipts, statements, and records of expenditures and income.
- Duty to Inform: The appointee must ensure that the beneficiary is informed about their financial situation and any significant decisions that affect their benefits, as much as the beneficiary’s condition allows. Regular updates and clear communication are part of this duty.
- Duty to Act Lawfully: The appointee must comply with all relevant laws and regulations concerning the management of welfare benefits. This includes adhering to the rules set out by the Department for Work and Pensions (DWP) and other relevant bodies.
- Duty to Preserve Assets: The appointee must take steps to protect and preserve the beneficiary’s financial resources. This involves prudent management of funds, avoiding unnecessary or wasteful expenditure, and ensuring that the beneficiary’s benefits are used for their intended purpose.
- Duty of Confidentiality: The appointee must keep the beneficiary’s personal and financial information confidential, sharing it only when necessary and with appropriate consent or legal authority.
- Ensuring Proper Use of Benefits: The appointee must ensure that the welfare benefits are used for the benefit of the individual, meeting their living expenses, care needs, and other essential requirements. They must avoid using the funds for any purpose not directly related to the beneficiary’s well-being.
- Review and Reporting: The appointee may be required to report to the DWP or other relevant bodies about the management of the beneficiary’s benefits. They must be prepared for reviews and provide evidence of proper management and expenditure of the benefits.
By adhering to these fiduciary responsibilities, an appointee ensures that they manage the welfare benefits in a manner that protects the beneficiary’s interests and upholds their legal and ethical obligations.
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The Money Carer Current Account Switching service is a collaboration between Pay.UK, Zempler Bank, and Money Carer to provide a bank account switching service between a vulnerable person’s existing bank account to their new bank account opened for them on the Money Carer banking platform (named ‘Monika’)
This important new service will significantly simplify the process of closing and transferring bank account balances and all inbound and outbound payments from a person’s old bank account to their new bank account with Money Carer. Everything will happen within seven working days. Deputies, appointees and attorneys can all access the service free of charge from September 9th, 2024.
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Cards and Managed Bank Accounts
The Money Carer Current Account Switching service is a collaboration between Pay.UK, Zempler Bank, and Money Carer to provide a bank account switching service between a vulnerable person’s existing bank account to their new bank account opened for them on the Money Carer banking platform (named ‘Monika’)
This important new service will significantly simplify the process of closing and transferring bank account balances and all inbound and outbound payments from a person’s old bank account to their new bank account with Money Carer. Everything will happen within seven working days. Deputies, appointees and attorneys can all access the service free of charge from September 9th, 2024.
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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.
View this video in the Money Carer YouTube channel
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Current Account Switching Service
The Money Carer Current Account Switching service is a collaboration between Pay.UK, Zempler Bank, and Money Carer to provide a bank account switching service between a vulnerable person’s existing bank account to their new bank account opened for them on the Money Carer banking platform (named ‘Monika’)
This important new service will significantly simplify the process of closing and transferring bank account balances and all inbound and outbound payments from a person’s old bank account to their new bank account with Money Carer. Everything will happen within seven working days. Deputies, appointees and attorneys can all access the service free of charge from September 9th, 2024.
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Deputyship - FAQ's
The Mental Capacity Act 2005 (MCA) and the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are both legal frameworks that address issues related to decision-making and the rights of individuals with impaired or diminished capacity. However, they have key differences in scope, principles, and approach. Here are the main differences between the two:
- International vs. National:
- CRPD: The CRPD is an international treaty adopted by the United Nations in 2006. It sets out a comprehensive framework for protecting the rights of persons with disabilities globally. It is not specific to any country and serves as a guideline for countries to develop their disability rights laws and policies.
- MCA 2005: The Mental Capacity Act 2005 is a national law enacted in England and Wales. It is specific to these two jurisdictions and provides a legal framework for decision-making for individuals who lack the capacity to make decisions about their affairs.
- Scope:
- CRPD: The CRPD is a broad human rights treaty that covers a wide range of rights and issues related to persons with disabilities, including but not limited to decision-making capacity. It addresses accessibility, education, employment, and social inclusion.
- MCA 2005: The MCA 2005 is primarily focused on issues related to mental capacity and decision-making. It provides a legal framework for making decisions on behalf of individuals who lack capacity, including decisions about healthcare, finances, and living arrangements.
- Principles:
- CRPD: The CRPD is based on a social model of disability, which emphasizes the importance of inclusion, equality, and non-discrimination. It promotes the idea that disability results from societal barriers and attitudes, rather than inherent limitations of individuals.
- MCA 2005: The MCA 2005 is more focused on a functional assessment of capacity. It provides a legal framework for making decisions in the best interests of individuals who lack capacity, with a primary emphasis on their welfare and protection.
- Decision-Making Process:
- CRPD: The CRPD encourages supported decision-making, where individuals with disabilities are provided with the necessary support to make decisions to the fullest extent possible. It also recognizes the right to legal capacity for all persons with disabilities, meaning that their will and preferences should be respected in all matters, and any substitute decision-making should be a last resort.
- MCA 2005: The MCA 2005 allows for substituted decision-making, where others make decisions on behalf of individuals who lack capacity when it is in their best interests. It emphasizes a process of assessing capacity and determining what is in the individual’s best interests, often with input from family members, healthcare professionals, or legal representatives.
In summary, the CRPD is an international human rights treaty that covers a wide range of disability rights, including decision-making, and promotes a social model of disability and supported decision-making. In contrast, the MCA 2005 is a specific national law focused on decision-making for individuals lacking capacity in England and Wales, with an emphasis on functional capacity assessment and substituted decision-making in the individual’s best interests. The two frameworks have different scopes, principles, and approaches, reflecting their different purposes and contexts.
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Does the Court of Protection set Up Appointeeships?
No, an appointeeship is not made in the Court of Protection. Instead, appointeeships are managed by the Department for Work and Pensions (DWP) or the Social Security Agency in Northern Ireland.
An appointeeship is a legal arrangement that allows someone to manage the financial affairs and benefits of an individual who cannot do so themselves due to incapacity or mental health issues.
Here’s how the process typically works:
- Application: A family member, friend, or relevant authority, such as a social worker, can apply to become an appointee on behalf of the vulnerable individual. This application is typically made to the DWP.
- Assessment: The DWP will assess the proposed appointee’s suitability and review the vulnerable person’s circumstances to determine if an appointeeship is necessary. This assessment is typically done by a visiting officer and is to ensure that the vulnerable individual’s best interests are protected.
- Appointment: If the DWP determines that an appointeeship is appropriate, they will appoint the chosen individual as the appointee. The appointee is responsible for managing the vulnerable person’s benefits, paying bills, and making financial decisions on their behalf.
- Ongoing Responsibilities: The appointee has a legal duty to act in the best interests of the person they are representing. They are required to keep accurate records of financial transactions and report regularly to the DWP.
- Court of Protection: The Court of Protection in the UK is primarily concerned with making decisions on behalf of individuals who lack mental capacity to make decisions about their finances, health, or welfare. It can also make decisions about Lasting Powers of Attorney and Deputyship orders. If there is a dispute or concern about the appointment of an appointee, it may be brought before the Court of Protection for resolution.
It’s essential to note that the specific process and terminology may vary between different parts of the UK, as Scotland, Wales, and Northern Ireland have their own systems for managing these matters. Therefore, if you are dealing with appointeeships or similar issues, it’s advisable to seek legal advice or guidance from relevant government agencies or local authorities to ensure compliance with the applicable laws and regulations in your area.
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The Money Carer Current Account Switching service is a collaboration between Pay.UK, Zempler Bank, and Money Carer to provide a bank account switching service between a vulnerable person’s existing bank account to their new bank account opened for them on the Money Carer banking platform (named ‘Monika’)
This important new service will significantly simplify the process of closing and transferring bank account balances and all inbound and outbound payments from a person’s old bank account to their new bank account with Money Carer. Everything will happen within seven working days. Deputies, appointees and attorneys can all access the service free of charge from September 9th, 2024.
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Power of Attorney - FAQ's
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.
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Welfare Benefit - FAQ's
Does the Court of Protection set Up Appointeeships?
No, an appointeeship is not made in the Court of Protection. Instead, appointeeships are managed by the Department for Work and Pensions (DWP) or the Social Security Agency in Northern Ireland.
An appointeeship is a legal arrangement that allows someone to manage the financial affairs and benefits of an individual who cannot do so themselves due to incapacity or mental health issues.
Here’s how the process typically works:
- Application: A family member, friend, or relevant authority, such as a social worker, can apply to become an appointee on behalf of the vulnerable individual. This application is typically made to the DWP.
- Assessment: The DWP will assess the proposed appointee’s suitability and review the vulnerable person’s circumstances to determine if an appointeeship is necessary. This assessment is typically done by a visiting officer and is to ensure that the vulnerable individual’s best interests are protected.
- Appointment: If the DWP determines that an appointeeship is appropriate, they will appoint the chosen individual as the appointee. The appointee is responsible for managing the vulnerable person’s benefits, paying bills, and making financial decisions on their behalf.
- Ongoing Responsibilities: The appointee has a legal duty to act in the best interests of the person they are representing. They are required to keep accurate records of financial transactions and report regularly to the DWP.
- Court of Protection: The Court of Protection in the UK is primarily concerned with making decisions on behalf of individuals who lack mental capacity to make decisions about their finances, health, or welfare. It can also make decisions about Lasting Powers of Attorney and Deputyship orders. If there is a dispute or concern about the appointment of an appointee, it may be brought before the Court of Protection for resolution.
It’s essential to note that the specific process and terminology may vary between different parts of the UK, as Scotland, Wales, and Northern Ireland have their own systems for managing these matters. Therefore, if you are dealing with appointeeships or similar issues, it’s advisable to seek legal advice or guidance from relevant government agencies or local authorities to ensure compliance with the applicable laws and regulations in your area.
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