Appointeeship, Deputyship and Power of Attorney

Supporting someone to manage their own affairs

There are three main formal ways to help support someone else in managing their finances or aspects of their health and care when they are an adult:

Each one depends on a number of things such as:

  • what support they need - for example, whether they need support managing benefits or more significant assets and savings
  • whether they have mental capacity (the ability to make their own decisions) or not

 

Appointeeship

An Appointee has the right to deal with benefits for someone who cannot manage their own affairs because they lack mental capacity to do so.

This includes opening a bank account in their name and managing their finances by ensuring that they get the correct benefits.

It might also mean managing small amount of savings associated with their benefits. 

An Appointee applies via the Department of Works and Pensions (DWP) and is regulated by them.

Find out more at:

Become an appointee for someone claiming benefits - GOV.UK (www.gov.uk)

Here you will find information on:

  • your responsibilities as an Appointee
  • how to apply to become an Appointee 
  • what steps the DWP will take to process your application to be an Appointee
  • how to stop being an Appointee

 

Deputyship

A Deputy is put in place by the Court of Protection.

They undertake the responsibility for the management of a person's property and financial affairs if they lack mental capacity to do so. This may include managing savings, pensions and all other sources of income or assets including property and valuables.

Additionally there is also a personal welfare deputy that makes decisions about health and care. 

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 (OPG).

A property and financial affairs deputy will do things like pay the person’s bills or organise their pension.

A personal welfare deputy will make decisions about medical treatment and how someone is looked after.

The court will usually only appoint a personal welfare deputy if:

  • there’s doubt whether decisions will be made in someone’s best interests
  • someone needs to be appointed to make decisions about a specific issue over time

Find out more at:

Deputies: make decisions for someone who lacks capacity: Overview - GOV.UK

Here you will find information on:

  • your responsibilities as a Deputy
  • how to apply to become a Deputy
  • what checks the Court of Protection will take to process your application to be a Deputy
  • what fees apply
  • what happens when you are appointed and the support you will get
  • how to change your Deputyship or make a one-off decision
  • how to stop being a Deputy

 

Trafford Council as Appointee or Deputy 

It may be possible for the Council to administer your finances and become your Appointee or Deputy if you do not have the capacity to manage your finances and:

  • you are receiving social care services such as home care, day care or a support worker
  • you live in a residential or nursing home care and receive state benefits
  • there are safeguarding concerns and no other appropriate person to act on the persons behalf
  • you meet the criteria of the service 

If you want the Council to become your appointee then please speak to the person who provides or arranges your care and they will complete an assessment of your needs.

 

Power of Attorney

A Power of Attorney is a legal document that allows someone to make decisions for you, or to act on your behalf, if you're no longer able to or if you no longer want to make your own decisions.

This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions.

Ordinary power of attorney

An ordinary power of attorney covers decisions about your financial affairs and is valid whilst you have mental capacity. 

It is suitable if you need cover for a temporary period (hospital stay or holiday), if you find it hard to get out, or you want someone to act for you.

To set up an ordinary power of attorney contact Trafford Citizen's Advice or get advice from a solicitor. There may be fees if you talk to a solicitor.  

Lasting power of attorney (LPA)

An LPA covers decisions about your financial affairs, or your health and care. 

It comes into effect if you lose mental capacity, or if you no longer want to make decisions for yourself.

You would set up an LPA if you want to make sure you're covered in the future. 

You must be 18 or over and have mental capacity when you make your LPA.

An LPA is registered with the Office of the Public Guardian (OPG).

There is a fee to register an LPA but reductions or exemptions exist for low income or cetain benefits.

Find out more at: 

Make, register or end a lasting power of attorney: Overview - GOV.UK

Here you will find information on:

  • how to choose your attorney/s
  • making an LPA
  • registering an LPA
  • changes that need to be reported
  • removing an attorney
  • ending your LPA

Futher Guidance:

 

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Last updated: 04/10/2023

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