Is an appointeeship or general power of attorney more suitable for someone with capacity?

The decision to have an appointee or general power of attorney depends on an individual’s specific needs and circumstances. Appointees, authorised by the DWP, manage the welfare benefit responsibilities of those without decision-making capacity.

In a similar vein, a General Power of Attorney (otherwise known as an Ordinary Power of Attorney) is a legal document permitting an individual with capacity to nominate someone to manage their affairs. This can also be helpful for circumstances where there is a temporary loss of capacity, such as when recovering from surgery.

Overall, which service is most appropriate for an individual is dependent on what supports they require, as well as their capacity levels at the time. For those who have capacity, appointeeship is likely not an appropriate option. If you wish for this service to be put in place after losing capacity, make relevant parties aware of this. However, to avoid risking complications, a Lasting Power of Attorney may be a more suitable option.

A Lasting Power of Attorney grants an individual the authority to manage someone’s affairs both before and after they lose capacity. While an OPA only authorises the ability to manage property and legal affairs, an LPA can cover health and welfare, too. To note, the latter only comes into place when the individual has lost capacity.

For more information about appointeeship, please download our appointeeship guide.

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Appointeeship, Deputyship, Power of Attorney