Are appointeeships set up by the Court of Protection?
No. Appointeeships are authorised and regulated by the Department for Work and Pensions (DWP), or the Social Security Agency (SSA) in Northern Ireland – not the Court of Protection. These are legal arrangements that allow someone to manage the financial affairs of an incapacitated individual. Here’s how the process typically works:
The Appointeeship Process
- Application
Any individual within a vulnerable person’s support network can apply to become an appointee. This may include carers, family members, close friends, or social workers, for example. These applications are typically made through the DWP. - Assessment
The DWP will assess the prospective appointee’s suitability and review the vulnerable individual’s circumstances. This is done during a meeting with one of their ‘Visiting Officers’, who will help you to fill out an application form if they deem it suitable. - Appointment
If this application is successful, the DWP will nominate the individual. The appointee is then responsible for managing the individual’s benefits, paying bills, and making financial decisions on their behalf. - Ongoing Responsibilities
Appointees have a legal duty to act in the best interests of the person they represent. As part of this, they are required to keep accurate financial records and report circumstantial changes to the DWP.
The Court of Protection in the UK primarily make decisions on behalf of individuals who lack the capacity to do so themselves. Although their core principles are relevant to appointeeship, they typically make decisions about Lasting Powers of Attorney, and Deputyship matters. The Court will only deal with appointeeship where a relevant concern has been raised.
It is essential to note that the specific process and terminology vary across the UK. If you are dealing with appointeeship or a similar support service, it is advisable to seek guidance from the relevant authorities. This is to ensure compliance with applicable laws and regulations in your area.
For further information or guidance about appointeeship, you can contact us here – or, download our appointeeship guide.