Managing finances on somebody else's behalf
Cornwall Council can manage the finances of people who do not have the capacity to manage their own finances. They can only take over this role when the person:
1. Has not got the capacity to manage their own finances
2. Has no friend or family member who can manage their finances for them
This is generally used for people who are living in a care home or other residential care. However, it can be for people living in the community. It can be used for people who have dementia, or learning disabilities, and for people who have a brain injury that means they lack capacity.

There are two levels of management, that cover different circumstances. For the lower level of management, which is less complex, Cornwall Council is made the Corporate Appointee by the DWP. This is knowns as Appointeeship and is to receive and distribute any benefits from the DWP. More complex arrangements are needed if a person has more money or assets. In this case, Cornwall Council is made the Corporate Deputy by the Court of Protection. This is known as Deputyship. This chart can help you understand which arrangement is necessary.

Which do I need? Appointeeship or Deputyship?

 If neither appointeeship or deputyship is appropriate, you have other options. Power of Attorney is appropriate for: 

• a person who still has capacity
• has a friend or family member who is willing and able to take over responsibility for finances

>Visit the Power of Attorney government website

If the person owns their own property, or their savings exceed £40,000, the Social Worker will need to make a referral to the Legal Team for a Panel Deputy application.

Appointeeship

Appointeeship may be the best course of action if the person:

• has less than £16,000 in savings
• receives benefits
• does not have any other sources of income

The benefits can include Universal Credit, Attendance Allowance, Disability Living Allowance, state pension, Personal Independence Payment, and others.

Depending on the person’s financial circumstances, it may be that Deputyship is a better option.

What is an appointeeship?

An Appointee is someone who manages a person’s benefits.

When someone is no longer able to manage their finances a social work practitioner can make an application. This is made to the Cornwall Council Appointee and Deputyship Service. 

Appointeeship is granted by the Department for Work and Pensions (DWP) when Cornwall Council makes an application.

We will then act as Corporate Appointee by collecting a person’s state benefits and making payments from these monies. These payments may be for:

• care charges
• personal allowance
• other items considered to be in the person’s best interests

As Corporate Appointee we may also help with paying other bills or utilities. However we may seek your consent for this.

Appointees only manage a person’s benefits. If there are any other sources of income or substantial savings, the Council as Appointee, cannot control them. In these circumstances an application for Deputyship may be more appropriate.

Who can have an appointee?

Appointeeship can be granted for:

• people in long term residential care
• people living in the community, including Shared Lives accommodation

We will apply for Appointeeship only in the following situations:

• there are allegations of financial abuse and a safeguarding referral has been made in relation to these allegations
• the person has been assessed as no longer having capacity to manage their finances by a social work practitioner. This is via completion of a Mental Capacity Assessment
• the person is severely physically disabled and unable to access the community
• there must be no one else who is willing or suitable to act for the person
• the person has only state benefits, little or no other income, savings or assets

Before an application for Appointeeship can be accepted, we must ensure the person can access their money.This could be:

• receiving a Post Office voucher
• having Allpay card
• transferring the funds to a personal account that is already in existence
• having support to go to a cash machine from family members, support providers or their social care worker

The Appointee Service does not include the provision of cash. All transactions are carried out electronically. We are unable to escort the person to get cash from their bank or the Post Office. We are unable to get cash out of the person's bank or the Post Office on a person's behalf.

Timescales

On average the process takes 8 to 12 weeks for Appointeeship to be granted by the DWP.

Appointees Fees

Our fees will enable us to continue to support and improve services for you. These fees are reviewed annually.

The fee will be collected quarterly, approximately on the first day of July, October, January and April of each financial year.

If your balance is over £16,001, we will consider if Appointee service should continue. We may apply to the Court of Protection for Deputyship to manage your finances.

If we stop providing Appointee service and someone else takes over, we will charge £245 to end our service. If someone passes away, we will charge £330 to pay any remaining bills and close the account.

If your balance is over £16,001, we will consider if appointeeship is appropriate to continue. We may apply to the Court of Protection for Deputyship to manage your finances. Otherwise the fees remain the same as for balances over £2,001. There are different charges to set up and maintain a deputyship arrangement.

The fee will be collected quarterly, approximately on the first day of July, October, January and April of each financial year.

If we stop providing Appointee service and someone else takes over, we will charge £245 to end our service. If someone passes away, we will charge £330 to pay any remaining bills and close the account.

Deputyship

A Deputy is someone appointed by the Court of Protection who acts for someone who is unable to manage their own finances. This is with regard to:

• claiming state benefits
• making payments on behalf of the person for cost towards their care
• arranging personal spending or other items considered to be in the best interests of the person
• making decisions about other income and capital 

The council supports as a deputy to:

• manage the finances of people who are unable to do this for themselves
• have no one else who is willing or able to do this for them

The Council can be Deputy for people living in residential care and in the community. 

We charge fees for Deputyship.  These include the application to the Courts and annual reporting costs. This is in line with the Court of Protection and The Office of The Public Guardian guidance.

Timescales

On average, the application to the Courts can take between 12-16 weeks for Deputyship to be granted, the timescale is dependant of the Courts and in some cases can be more than 16 weeks.

Fees and charges

Fees that could be incurred when applying for a Deputyship order, as determined by the Court of Protection & The Office of the Public Guardian.

View the Government information on Court of Protection fees

Exemptions and Remissions

It is possible to apply for partial or full removal of the Court of Protection fee, known as remission. Details of the criteria for this can be found in the HM Courts & Tribunals Service document EX160A 

View the Government information on how to apply for help with court and tribunal fees

Fees and Charges