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Appointeeship - revoking of
We are struggling to get DWP to agree to revoke an apponteeship for a Learning Disabled client who has been deemed to have capacity to manage their financial affairs by their Social Worker and who wants their own financial independence.
Three letters, one fax to DWP later we are now informed that they are writing out to the appointee to ask them if they want to continue as appointee - the guidance I have seen appears to indicate that if the appointee answers yes then DWP may just continue the current arrangements?
Can anyone advise how best to proceed as we are very concerned that the appointee (who is the parent) will not relinquish the appointeeship by choice.
Thanks in advance.
If it becomes a sticking point then threaten to apply to the Court of Protection for a declaration of capacity under section 15 of the Mental Capacity Act 2005, based on the social worker’s assessment of capacity.
Section 15 is in the following terms.
“Power to make declarations
(1)The court may make declarations as to—
(a)whether a person has or lacks capacity to make a decision specified in the declaration;
(b)whether a person has or lacks capacity to make decisions on such matters as are described in the declaration;
(c)the lawfulness or otherwise of any act done, or yet to be done, in relation to that person.
(2)“Act” includes an omission and a course of conduct”.
Argument under sub section 1(c), of course, would be based on HRA article 8 (right to private life)
I posted a query re a similar situation in the any other benefits section. Not sure how to do a link (mods!) but it is titled ‘removing appointee’ - there were some useful replies.
As I understand it they have to interview both parties (claimant and appointee) and make a decison about the claimant’s capacity.
Also if the appointee is not acting in the best interests of the claimant you can ask for them to be removed for that reason.
Sorry, that shoud have said the other benefits issues section.
here’s a link to the ‘removing appointee’ thread -
Hello,
My understanding is that where the individual says that they no longer need an appointee the DWP write to the appointee to ask if this is true. If the appointee agrees they end the appointeeship. If the appointee disagrees they automatically refer it for a visit to make a decision.
See section 5402 of the guidance