23 December 2023 Money Carer
Appointeeship, Deputyship, Carer Cards, Power of Attorney Appointeeship - FAQ's, Deputyship - FAQ's, Welfare Benefit - FAQ's

Does the Court of Protection set Up Appointeeships?

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.

Tags: court of protection appointeeship, dwp visiting officers
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