We will consider acting as a corporate appointee or deputy if the service user lacks capacity to manage their financial affairs.
They must be suffering from a mental disorder.
The mental disorder must be of a nature or degree which prevents them from managing their financial affairs.
More than temporary alteration of mood of such degree as to give rise to the service user having a delusional appraisal of his/her situation, his/her past or more than temporary impairment of intellectual functions. This is shown by a failure of memory, orientation, comprehension and learning capacity.
All applicants must have had a capacity test to determine
whether the service user has capacity to manage their finances and it should also be recorded with a yes or no that the service user (SU) understands the consequences of what the Appointee/Deputyship application means to them.
A service user with capacity will only be considered if there is
evidence of financial abuse.
Proof that the management of their affairs is a necessary part of a comprehensive and detailed care plan and will be reviewed each year with a report of the outcome sent to SUFMT yearly.
The nearest relative, if any, must have been consulted on this as must their GP and other appropriate health care professionals.
There is no person in their family or social network who is able to suitably manage their financial affairs for them.
There must be nobody else that holds a Power of Attorney, Deputyship or Appointeeship for this service user, unless it has been proved that they are financially abusing the client and the office of the public guardian has asked us to intervene.
All applicants must be an NEC eligible client in receipt of a social care service.
As part of the application process, post 2007, you need to have considered capacity; see MCA Section 2.
When making this application the Service User's Financial Management Team (SUFMT) requires the officer making the application (who for the purposes of this document will be referred to as Care Manager (CM)) to demonstrate that
capacity to manage their finances has been considered and that consideration has been documented. It should also be recorded with a yes or no that the service user (SU) understands the consequences of what the Appointeeship/Deputyship application means to them.
Failure to provide this will result in delays to the application.
Primarily we need to know whether the service user has capacity to manage their finances and this is what the capacity test is for and in part will determine whether we apply for appointee or deputyship. Capacity to understand the consequences of what the appointee/deputyship application means to them is secondary and should be a yes no answer as above. We will be unable to proceed without a capacity test.
Evidence of their inability to manage their finances needs to be provided.
If lack of capacity is the reason for making this application it will form part of the application procedure and a copy of the capacity test is to be sent to (SUFMT) or by email to
sufmt@croydon.gov.uk
If the reason for this application is because of financial abuse a detailed report around the abuse must be sent with the application. A letter from the SU confirming that they are giving informed consent for the London Borough of Croydon (LBC) to act on their behalf as Corporate Department for Work and Pensions (DWP) Appointee must also be obtained and sent with the application. Please forward the capacity test and the letter of consent to (SUFMT) or by email to
sufmt@croydon.gov.uk. Both these documents will be stored as part of the audit trail.
There is a charge for both Appointeeship and Deputyship and a statement regarding charges for Appointeeship is to be given to the SU.
Copies of the above documents are attached to be downloaded with the application;
a capacity test or documented evidence as above is to be obtained for all applications.
Capacity and best interest recording sheet
Letter of consent
Letter of consent - unable to sign
Appointeeship fees