Deputy/Appointee
Appointees
From 16 years, Personal Independence Payments (PIP) usually go directly to the young person. If they claim Universal Credit or other benefits in their own right, this will usually be paid to them rather than their parent carer.
The only exception to this is if the young person:
- lacks the mental capacity to manage their own affairs or;
- are severely disabled
In this case, a friend, relative, organisation, or organisation representative may be able to review and manage benefits for them by acting as their appointee.
The office paying the benefit gives the appointee responsibility to:
- make claims on the person's behalf
- manage any benefit payments they get
Becoming an appointee only gives the appointee power to manage the person's benefits. It does not give any other rights.
Becoming an appointee for someone claiming benefits.
Power of Attorney
Someone granted a power of attorney, can act and access information on another person's behalf. The person granting the power of attorney must have the mental capacity to understand the implications of this.
Power will only take effect in specific circumstances for an ordinary power of attorney. Or if the person loses their mental capacity to make decisions around their affairs, to make certain types of decisions as a lasting power of attorney.
Lasting Power of Attorney
A lasting power of attorney (LPA) is a legal document that lets you (the "donor") appoint one or more people (known as "attorneys") to help you make decisions or to make decisions on your behalf.
This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you "lack mental capacity").
You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA.
You can find out more information on GOV.UK
Deputyship
If a person lacks mental capacity to grant a power of attorney, the Court of Protection can appoint a deputy to make decisions and receive information about a person on their behalf. There are two types of Deputyship (Property and Affairs Deputy and a Personal Welfare Deputy).
Further information about deputies.
The Court of Protection makes decisions on financial, or welfare matters for people who can't make decisions at the time they need to be made (they "lack mental capacity").
They are responsible for:
- deciding whether someone has the mental capacity to make a particular decision for themselves
- appointing deputies to make ongoing decisions for people who lack mental capacity
- giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
- handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
- making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
- considering applications to make statutory wills or gifts
- making decisions about when someone can be deprived of their liberty under the Mental Capacity Act.
You can find guidance about this on the GOV.UK website, and you can see judgements from the court on the British and Irish Legal Information Institute (BAILI) website.
Mental capacity
Mental capacity means the ability to make or communicate specific decisions at the time they need to be made. To have mental capacity you must understand:
- the decision you need to make
- why you need to make it
- the likely outcome of your decision
These could be decisions about finances or health and care.
Some people will be able to make decisions about some things but not others. Their ability to make decisions may also change from time to time.
Further information about making decisions on behalf of someone.