Power of attorney, deputyship and appointeeship

For some people there comes a time when you can no longer make decisions about your finances, care or other personal matters.

In this situation, you can if you have the mental capacity to do so, appoint someone to look after your affairs called a power of attorney.

An ordinary power of attorney is someone you nominate to make decisions on your behalf, even when you are able to do so yourself. Get more information about appointing or becoming an ordinary power of attorney. 

A lasting power of attorney is someone you've chosen to manage your affairs in the event you become unable to make decisions for yourself (e.g. through sickness or post-stroke). Get more information about appointing or becoming a lasting power of attorney.

If you've not nominated anyone in advance, someone can be appointed responsible for your affairs should you lose capacity to manage your finances.

This person can be either a deputy or an appointee.

A deputy is appointed by the Court of Protection to manage a person's property and financial affairs if they lack mental capacity to do so themselves. This includes savings, pensions, all sources of income, and assets such as property and valuables.

For those with limited assets it may be more appropriate to apply to the Department for Work and Pensions to become an appointee for someone claiming benefits.

An appointee is responsible for dealing with benefits, paying bills and managing a limited amount of savings in case of unforeseen circumstances.

In this circumstance a social worker may decide the Council should act on your behalf. This decision would be made with regards to the Mental Capacity Act.

For more information on deputyship and appointeeship, please contact our resident affairs team on 020 8496 4527.

If you need support making a lasting power of attorney,  contact the Office of the Public Guardian.

Alternatively you can get in touch with a solicitor or one of the organisations listed below. 

• If the person whose affairs you will manage has dementia or Alzheimer's, you can get independent information and advice from the Alzheimer's Society.
• Age UK and Money Advice Service provide information on power of attorney.
• If you are struggling to manage your money and pay for things by yourself then Pay Your Way offers consumer advice on safe ways in which you can allow other people to pay for things on your behalf, whilst still staying in control of your finances.