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

When considering support for someone with capacity, it is crucial to determine what this actually means for the individual.

Appointeeship is most commonly put in place for those who have limited decision-making capacity to manage their finances. However, this does not mean that those with appointees have limited capacity more generally. Where support is determined, it is crucial to evaluate an individual’s ‘decision-specific’ capacity.

Essentially, even if someone largely has capacity, they may struggle specifically with financial decisions and could therefore benefit from appointeeship. To note, where someone has full capacity to make decisions for themselves, this cannot be put in place.

General Power of Attorney (otherwise known as an Ordinary Power of Attorney) is a legal document permitting someone with capacity to nominate a financial representative. Although, unlike appointeeship, this can only be put in place when the person has the capacity to do so themselves.

If you’re concerned about fluctuating capacity, a Lasting Power of Attorney may in fact be the ideal solution. This authority grants an individual the authority to manage someone’s affairs both before and after they lose capacity. Though it still primarily focuses on financial affairs, it can cover both health and welfare too if capacity has diminished.

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