Appointeeship Services for
Vulnerable Adults

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

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

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

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

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

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

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.

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.

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.

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.

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.

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. To find out more about the Money Carer card, please contact us.

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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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. For any specific queries, feel free to contact a member of our team.

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 to 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. Find out more about appointee guidance by taking a look at our appointee guide for family members.