When service users, become mentally incapacitated in some way, they will need assistance in managing their property and financial affairs. Sufficient support is often provided by family, friends or care workers, but when nobody is willing, able or suitable to take on the role, the Borough's Deputy and Appointeeship team may take on the work either by way of Court of Protection Deputyship or Department for Work and Pensions (DWP) Appointeeship. Please note that referrals can only be made through Social Service care managers.
Appointeeship
Appointeeship relates only to the receipt and administration of state benefits. The Department for Work and Pensions (DWP) will, on application, appoint the Deputy and Appointeeship team to deal with the benefits of an individual. Under the appointment, the team can apply for appropriate benefits, receive those benefits and apply them to the individuals' care and other basic living expenses.
Generally for appointeeship, the service user:
- Will be mentally or physically incapable of dealing with financial affairs,
- Has no other significant assets or income other than DWP benefits,
- Has no friends or relatives available or willing to take on the role.
Court order Protection Deputyship
CoP Deputyship is the wider management of all a service user's property and financial affairs. This authority is given, on application, by the Court of Protection under the Mental Health Act 2007 and the Mental Capacity Act 2005. The Team act as 'The Authorised Officer for Property and Affairs Deputy' on behalf of the Royal Borough of Windsor and Maidenhead local authority.
For deputyship, the service user:
- Will be mentally incapable of dealing with property and financial affairs, being medically certified to that effect,
- Has not made an Enduring Power of Attorney (EPA) / Lasting Power of Attorney (LPA), or the EPA/LPA is deemed to be acting not in the best interests of the SU,
- Has assets or income other than DWP benefits which need to be administered,
- Has no friends or relatives available or willing to take on the role.
Deputy and Appointee team - Charges
The following charges are levied against our service users as set by the Court of Protection / Office of the Public Guardian and are not open to amendment or change.
Office of the Public Guardian / Court of Protection
Remuneration of local authority deputies
The following rates of remuneration will apply where the Court appoints a holder of an office in a local authority to act as a deputy:
| Category | Description | Amount not exceeding |
|---|---|---|
| I | Work up to and including the date upon which the court makes an order appointing a deputy for property and affairs | £944.00 |
| II |
Annual management fee where the court appoints a local authority deputy for property and affairs, payable on the anniversary of the court order: A. for the first year |
£982.00 |
| B. for the second subsequent years | £824.00 | |
| Where the assets of 'P' are below £20,300 the local authority Deputy for property and affairs may take an annual management fee not exceeding 3.5% of P's net assets on the anniversary of the court order appointing the local authority as Deputy. | ||
| III | Annual property management fee to include work involved in preparing property for sale, instructing agents, conveyancers etc or the ongoing maintenance of property including management and letting of a rental property. | £380.00 |
| IV | Preparation and lodgement of an annual report or account to the Public Guardian. | £274.00 |
Deputy and Appointeeship
Estates Winding Up Fee - Level 1
Completing the basic Estate requirements, and assuming that there is a valid will and next of kin / solicitor £279.72:
- Notify DWP,
- Notify Court of Protection / Office of the Public Guardian,
- Notify other financial institutions,
- Complete BD8,
- Settle funeral and other final bills,
- Distribute estate to executors (where applicable).
Estates Winding Up Fee - Level 2
Work undertaken would include some or all the basic requirements above, plus any of the additional work required £345.60:
- Completion of final account report for Court of Protection,
- Advising or assisting on the completion of Probate applications,
- Referring the estate to Treasury Solicitors,
- Liaising with Treasury Solicitors.
Estates Winding Up Fee - Level 3
Work undertaken would include some or all of levels 1 and 2, plus the additional work £483.84:
- Collecting Death Certificate,
- Registering the death,
- Arranging the funeral.