1. Relevant Legislation and Responsibilities

The roles of Appointee and Deputy are discretionary roles and there is no legal requirement on Bury Council to provide either service, however when these services are provided the following Acts and statutory responsibilities apply

2. Adult Social Care Money Management Service

When an adult lacks mental capacity to manage their financial affairs most will have someone such as their spouse or partner, a family member, a friend or a professional advisor who will officially manage their financial affairs.

When there is no suitable person to help manage their financial affairs or they are at risk of being financially abused, Bury Council will consider how best the financial affairs can be managed on their behalf.  This will be in accordance with Mental Capacity Act 2005 best interests decision making principles (see Best Interests chapter).

Bury Council offers a Money Management Service as an option for those people who need help to manage their financial affairs and who meet the eligibility criteria in accordance with the relevant legislation and guidance. The Money Management Service can be contacted by email on: [email protected]

3. Eligibility Criteria

To be eligible for the support of Bury Council the following criteria needs to be met:

  • the adult is in receipt of care and support provided by Bury Council and lives in the area;
  • the adult has no appropriate family, friends or associates or access to an organisation who could help with their finances;
  • the adult lacks the mental capacity to manage their own financial affairs (see Mental Capacity chapter);
  • the adult has less than £50,000. If they have more than this amount, we will consider managing their affairs on a case-by-case basis;
  • for appointeeship, the adult must only receive Department for Work and Pensions (DWP) benefits and no other payments, if they have investments, stocks and shares or a private pension then deputyship will need to be applied for;
  • the adult does not already have an appointee or did not appoint a Lasting Power of Attorney (LPA) before becoming unable to manage their finances, or the existing Appointee, LPA OR Deputy has been removed by the DWP/Office of public guardian or is relinquishing their role;
  • the adult does not live with a family member or partner who we do not act for.

4. Referrals and Scope of the Service

All referrals must come to the Money Management team from a Social Work team (see Referral form, opens in Word). For those people who do not have mental capacity to manage their financial affairs, and fit the criteria, Bury Council will consider whether any if the following courses of action are appropriate:

  • Seek appointment as Appointee – The Council is then appointed by the Secretary of State for the Department for Work and Pensions (DWP) to act on behalf of an adult who is unable to manage their affairs, the appointment relates to their state benefits. The Council will:
    • claim benefits and sign DWP forms for the adult;
    • collect and receive benefits, state pensions and allowances;
    • ensure the adult receives the maximum amount of benefits they are entitled to;
    • make appropriate payments on behalf of the adult from those benefits;
    • ensure the adult receives their personal allowance from their benefits.

As the Appointee, the Council cannot receive or make payment from any other type of income other than those listed above.

  •  Seek appointment as a Court of Protection Deputy – The Council is then appointed by the Court of Protection to look after all of the adult’s financial affairs including:
    • savings in a bank account, stock and shares and investments;
    • collecting all benefits, occupational pensions and other income;
    • make all appropriate payments on behalf of the adult.
  • Refer the matter to the Court of Protection to consider the appointment of a Panel Deputy appointed by the Court. The Council will request the Court of Protection appoints a Panel Deputy when the adult has assets totalling over £50,000 and or has any unoccupied real estate assets, being land or buildings.

In the interim period whilst waiting for a Deputyship application to be granted, Bury Council will apply to act as an Appointee, as this will enable the adult to have access to their personal allowance, they will open a bank account and apply for benefits, the appointment can be transferred to the Deputy in due course.

Monies held on behalf of each adult will be retained within Bury Council’s main bank account with each adult having their own separate sub account. Annual or Monthly interest will be paid to each adult’s account at the same interest rate as the Council receives on its total investments.

The council officer authorised to act as Appointee for an adult who lacks mental capacity is the Holder of the office of Service Manager for Adult Social Care Financial Support Service Department. These duties have been delegated to the Money Management Team within the Adult Social Care Financial Support Service department.

The council officer authorised to act as a Deputy for an adult who lacks mental capacity is the Holder of the office of Director for Adult Social Services and Community Commissioning. These duties have been delegated to the Money Management Team within the Adult Social Care Financial Support Service department.

5. Appointeeship

Bury Council can act in the role of Appointee by applying to the Department for Work and Pensions (DWP)

Appointeeship allows Bury Council to act on behalf of the adult in respect of claiming and receiving benefits from the DWP. These benefits are used to provide statutory personal allowances, payment of client contributions and assistance with paying bills. Appointeeship is not a debt management service for clients.

 5.1 Duties of an Appointee

When Bury Council becomes appointee they will:

  • use any money received on behalf of the adult in their best interests;
  • claim benefits and sign DWP forms for the adult;
  • collect and receive benefits, state pension and allowances;
  • ensure the adult receives the maximum amount of benefits they are entitled to;
  • make appropriate payments on behalf of the adult;
  • ensure the adult receives their personal allowance;
  • ensure bills or payments are invoiced correctly and due before making payment from the adult’s account.

An Appointee cannot

  • receive any types of income, other than those listed above;
  • deal with any debt, except to the DWP or Bury Council;
  • deal with debt companies or agencies;
  • invest or manage bank accounts.

5.2 Cost of Appointeeship

There is a weekly charge for appointeeship, this may be reduced depending on savings. For more information, see Appendix 1, Costs.

6. Corporate Deputyship

Bury council can act in the role of Deputy by applying to the Court of Protection. A Deputy will take full responsibility for managing all of an adult’s finances. The Deputy’s powers are determined by the Court of Protection and set out in a court order. A deputy must act in accordance with the court order and the Mental Capacity Act Code of Practice.

6.1 Duties of a Corporate Deputy

 When Bury Council becomes Deputy they will:

  • apply certain standards of care and skill (duty of care);n
  • not take advantage of the adult’s situation;
  • act in good faith;
  • act in the adult’s best interests;
  • helps the adult understand and be involved in decision making;
  • respect the adult’s confidentiality;
  • comply with the directions of the Court of Protection;
  • complete an annual visit to the adult they hold deputy for;
  • complete an annual deputy report;
  • keep accounts;
  • keep the adult’s money separate from anyone else’s.

6.2 Cost of Deputyship

The Court of Protection permits Deputies to charge a range of fees. Fees charged by the Council to act as Deputy will not exceed the fixed rates of remuneration permitted by the Court of Protection. These fee rates are published annually by the Council. There are a range of fees charged by the Court of Protection and Office of the Public Guardian, they include set up fee’s annual fee and annual report fees.

Please see Appendix 1 for details.

7. Best Interests and Decision Making

Bury Council as Deputy agrees to always act in the best interests of the adult. The best interests checklist under the Mental Capacity Act will be followed (see Best Interests chapter, Section 2). Consideration will be given to activities or items that will improve or enhance the adult’s quality of life. The adult will always be included in decision making in all appropriate circumstances. Their wishes will always be respected, and consideration given to what they have done in the past when managing their finances and possessions. Under the best interests checklist, Bury Council will:

  1. encourage participation of the adult;
  2. identify all relevant circumstances;
  3. find out the adult’s views;
  4. avoid discrimination;
  5. assess whether the adult might regain capacity;
  6. consult others;
  7. avoid restricting the adult’s rights.

Ultimate responsibility for decisions will be with the Director of Adult Social Services and Community Commissioning but will be delegated as follows;

  • General day to day income and expenditure management, including requests for additional day to day expenditure and regular allowance increases, will be considered by the Money Management Service in conjunction with care support staff and/or social worker, taking into account adult’s wishes and affordability.
  • More complex decisions for more unusual items of expenditure or those which may affect the wellbeing of the adult may be considered by holding a best interests meeting. This will be led by the social work team but will include the Money Management Service.  A final decision may be requested from the Director of Adult Social Services and Community Commissioning as recommended by the best interests meeting.

8. Visiting Deputyship Clients

As a minimum it will be ensured that all clients that Bury Council holds a Property and Affairs Deputy order for receive an annual visit. This will be from a member of staff from the Money Management Team and will be in addition to the annual care needs review undertaken by the social worker

A yearly log of all required appointments will  be kept to ensure these take place. Appointments will take place one month before the annual report is due.

At the visit, the staff member will discuss and record the adult’s feelings, wishes, beliefs and interests (both past and present) directly with with them and any family or care providers present as needed. A wellbeing check will also be conducted. Staff members will ensure the Financial Visit Report form is completed at the visit and attached to the adult’s record on return. See Blank Financial Visit Report Form (opens in Excel).

Any recommendations should aim to be actioned or notified to any other stakeholders within 28 days.

 Appendix 1 – Costs

Council Appointeeship costs 2025/2026

If the adult has less than £1000 in capital and is living in the community, or £2000 and is living in a care home, there is no fee for appointeeship. If capital is above these amounts, the charge is £13.80 per week if the adult lives in the community, and £7.28 per week if the adult lives in a care home.

Council Appointeeship costs 2024/2025

If the adult has less than £1000 in capital and is living in the community, or £2000 and is living in a care home, there is no fee for appointeeship. If capital is above these amounts, the charge is £13.57 per week if the adult lives in the community,  and £7.15 per week if the adult lives in a care home.

Council Deputyship costs 2024/2025

For accounts submitted where period starts during April 2024 – March 2025, there is an annual cost of £824, or if savings are less than £20,300 the charge is 3.5% of the total savings. The cost of an annual report is £274.

Council Deputyship costs 2023/2024

For accounts submitted where period starts during April 2023 – March 2024, there is an annual cost of £650, or if savings are less than £16,000 the charge is 3.5% of the total savings. The cost of an annual report is £216.

Council Deputyship costs 2024/2025

For accounts submitted where period starts during April 2024 – March 2025, there is an annual cost of £824, or if savings are less than £20,300 the charge is 3.5% of total savings. The cost of the annual report is £274.

OPG Deputy costs

The cost to apply is £408. If the court decides the case needs a hearing, there will also be a charge of £494.

There is an annual supervision fee depending on what level of supervision the deputyship needs. £320 for general supervision and £35 for minimal supervision, this is due on the 31st of March for the previous year.

The adult may be able to get help with the application fee depending on the type of deputy and how much money they have.

 

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