Appointeeship and Deputyship FAQs

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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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:

1. Elderly individuals who may have difficulty managing their finances and property due to declining mental and physical health.
2. 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.
3. People with mental illnesses or disabilities which prevent them from managing their finances and property.
4. 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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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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.