Charges for care and support
Financial Representation
If you have the capacity to deal with your own financial affairs, we will deal with you directly regarding your application for financial assistance.
I have financial capacity but I would prefer someone else to deal with my application for financial assistance.
If you wish to nominate someone else to deal with your application on your behalf, you must give your consent. We will need evidence of this consent.
Your social worker will provide the Financial Assessment Team with a copy of the signed form so that we can legally deal with your nominated representative.
We will not be able to deal with anyone else (including your partner) unless you give your consent.
It is a good idea to make a Lasting Power of Attorney whilst you still have the capacity to do so.
What if I have lost capacity to deal with my financial affairs?
If you are no longer able to deal with your own financial affairs we can deal with someone else on your behalf but only in certain circumstances.
We cannot deal with anyone else unless they have the legal right to deal with your financial affairs.
Evidence of another person’s legal right to act on your behalf must be provided before a financial assessment can be started. Your social worker will verify any necessary documents.
Your social worker will provide the Financial Assessment Team with a copy of the documents so that we can legally deal with another person on your behalf.
I have lost capacity. What evidence does my social worker need to verify before you can deal with someone else on my behalf?
If you have lost capacity to deal with your financial affairs, your social worker must verify one or more of the following original documents:
- A Lasting Power of Attorney for property and financial affairs
- An Official Deputyship Order
- DWP Appointeeship letter (BF57 form)
How does someone apply to become my legal representative?
There are different application processes depending on which type of legal representation a person applies for.
Further information
A person can apply for the right to receive and deal with the benefits of someone who cannot manage their own affairs because they are mentally incapable or severely disabled. The DWP would normally visit to arrange an appointeeship. The DWP confirms appointeeship by issuing a BF57 form. For more information see Gov.UK become appointee for someone claiming benefits
How long does it take?
The DWP will usually visit you and your representative within 1 month.
If you still have capacity and you have already appointed an attorney, you must explicitly consent to your attorney acting on your behalf.
A Lasting Power of Attorney can be registered as soon as it is drafted, or at a time when you lose capacity. If you lose mental capacity, any existing LPA must be registered with the Office of the Public Guardian (OPG) before it becomes valid.
How do I draw up a Lasting Power of Attorney?
You can draw up a Lasting Power of Attorney agreement at any time, providing you have the capacity to do so. You can arrange this yourself by visiting Gov.UK power of attorney or you can arrange this through a solicitor.
How long does it take to register and do I have to pay anything?
It can take up to 10 weeks for the LPA to be registered, and there is a registration charge to pay, unless you qualify for a reduction or exemption.
Can I draw up a Lasting Power of Attorney after I have lost capacity to manage my financial affairs?
No. You must have full mental capacity at the time you draw up a Lasting Power of Attorney. If you have lost capacity you cannot draw up a Lasting Power of Attorney.
I did not draw up a Lasting Power of Attorney before I lost capacity. What other options are there?
If you have no Lasting Power of Attorney in place and a mental capacity assessment deems you as not having capacity, then someone else must make an application for Property and Affairs Deputyship to the Court of Protection.
Can I check to see if I already have a Lasting Power of Attorney?
Yes. You can ask for a search of the Office of the Public Guardian (OPG) registers on Gov.UK government publications.
If you have not made arrangements for others to manage your finances, and you lose capacity, then someone must apply for a court order to make decisions for you.
How long does it take?
Deputyship applications may take up to 16 weeks to be dealt with. However, delays may mean this takes a lot longer.
How to apply
If someone decides to act for you because you no longer have the capacity to make financial decisions, it is recommended that they seek legal advice. This is so that they fully understand their responsibilities, and that they are able to apply to become a deputy. The court order can be arranged through a solicitor or a person can apply to the court themselves by visiting Gov.UK become deputy.
Do I have to pay anything to apply for Deputyship?
Yes. Fees are payable to the Office of the Public Guardian (OPG) by the person receiving the care and support. The fees are for application, supervision and an annual report. Other fees are payable depending on circumstances. You are responsible for meeting all charges relating to a deputyship order that is set by the Court of Protection.
Who can apply to become my deputy?
Family members, friends or solicitors can apply to be your Property & Affairs Deputy.
I have no one to become my deputy What other options are there?
Where there is no one capable, willing or able to manage your financial affairs, we may apply for both appointeeship and deputyship and make decisions on your behalf however certain conditions apply.
We make a charge for providing this service
Not always. Your social worker may refer your case to a Panel Solicitor. The OPG can provide a list of court-approved professionals.
Don’t delay in organising financial representation if you need it.
The longer a person waits to apply for legal representation, the longer the delay in considering an application for financial assistance.
I do not qualify for financial assistance because of the amount of money I have in savings. No-one can access my money until they are appointed as my deputy, yet I still need to pay my care fees. What can be done?
The Court of Protection can grant an urgent interim order or an emergency court order, in certain circumstances, e.g. when someone’s life or welfare is at risk and a decision has to be made without delay.
If the court agrees, the person applying for deputyship will be able to make necessary decisions on your behalf.
The urgent application must be for a specific decision that needs to be made without delay, e.g. to get money from the person’s bank account to pay outstanding care home fees.
How do I apply for an urgent interim order?
The person applying to become your deputy can get an urgent interim order if their application has not yet been approved. Details of how to do this are available on Gov.UK emergency court of protection.
