Management of personal financial affairs

Social Services - Management of personal financial affairs

When Service Users, often elderly, become physically or mentally debilitated in some way, they will need assistance in managing their 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 Client Finance Team may take on the work either by way of Court of Protection Deputyship or DWP Appointeeship. Please note that referrals can only be made through Social Service Care Managers.

Appointeeship - In Brief

Appointeeship relates only to the receipt and administration of state benefits. The Department of Works and Pensions (DWP) will, on application, appoint the Client Finance 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 of Protection Deputyship - In Brief

CoP Deputyship is the wider management of all a Service User's financial affairs. This power is given, on application, by the Court of Protection under the Mental Health Act 2007 and the Mental Capacity Act 2005. The Team is actually acting on behalf of the Head of Adult Services on whom the official Deputyship responsibility rests.

For Deputyship, the Service User:

  • Will be mentally incapable of dealing with 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

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Modified: 2009-09-15
Author: Allison Helyer
Editor: Allison.Helyer
LGSL PID: 917
RDCMS ID: 26938