Deputyship and Financial Affairs
Amendment
In February 2025, information about Sibstar was added to Section 2, Identifying Support Needs.
This procedure should be used by social care practitioners when a person may (or does) need support to manage their property or affairs.
A person can need support to manage their property or affairs because either:
- They lack capacity to do so; or
- They have a physical disability that prevents them from being able to do so.
Determinations about mental capacity must be made through a process of mental capacity assessment.
Guidance on assessing capacity can be found in the Mental Capacity Act 2005 Resource and Practice Toolkit.
If a person has capacity to manage their finances, but does have difficulty doing things like going shopping, withdrawing cash or paying bills, they may be interested in exploring a Carer’s Card account with their bank. This enables them to nominate a person they trust to receive a debit card linked to their account, that they can then use to make purchases, withdraw money or pay bills on the person’s behalf. For further information, see: Carer's Card Accounts (Money Helpers website).
Another option people may want to explore is Sibstar. Sibstar is a flexible debit card and app that can support a person with dementia, learning disability or other cognitive impairment to manage everyday spending safely. It allows the person, a family member or carer to switch cashpoint withdrawals off and on, set daily or monthly spend limits, add top ups, show real-time card use notifications and freeze/unfreeze the card if it is lost or stolen. For further information, see: Sibstar.
You must explore whether the person is already receiving the support they need before taking any further action.
Appropriate support is either:
- An appointee;
- A Deputy; or
- A Donee of a Lasting Power of Attorney.
If appropriate support is in place and there are no Safeguarding concerns, there is no need for the Local Authority to take any further action.
The role of an appointee
An appointee is a person appointed by the Department for Work and Pensions (DWP) to be responsible for making and maintaining any benefit claims on behalf of a person who cannot do so because they either lack capacity or their physical disability prevents them from being able to do so.
The appointee role involves:
- Claiming all DWP benefits that the person may be entitled to;
- Collecting all benefits into a designated account;
- Reporting changes in circumstances; and
- Managing and spending benefits in the Best Interests of a person who lacks capacity.
Establishing if there is an Appointee
The Department for Work and Pensions (DWP) write to somebody when they become an appointee, and an appointee should be able to show you this letter as evidence that they have the authority to act. If this is not available they should be able to contact the DWP by telephone and ask them to confirm this verbally.
The role of a Deputy
When a person lacks capacity to make decisions for themselves, a Deputy is a person or organisation appointed by the Court of Protection to:
- Make general or specific decisions as set out by the Court; and
- Take steps to implement those decisions.
There are 2 types of Deputy:
- Property and Affairs; and
- Health and Welfare.
Note: This procedure relates only to Property and Affairs Deputies. For applications relating to Health and Welfare you should refer to the Court of Protection section of the Mental Capacity Act 2005 Resource and Practice Toolkit.
Some examples of things that a Property and Affairs Deputy can be authorised to do as part of their role include, but are not limited to:
- Managing money;
- Claiming benefits and pension;
- Managing bank accounts and utilities;
- Managing debt;
- Buying and selling property (a further order must be sought to sell a property);
- Holding a tenancy;
- Management of property (e.g. carrying out maintenance work).
IMPORTANT: Please note that applications to the Court can only be made by the Financial Assessment Team for Adult Social Care. Referrals for this service can be made through the team email box at FAB1@luton.gov.uk.
A Deputy has a legal requirement to act on matters they have been given the authority to act upon unless the Court of Protection has given them permission to delegate this to someone else, or where there are 2 Deputies able to make the decision and authorised to do so severally (independently of each other).
For further information, see Deputies in the Mental Capacity Act 2005 Resource and Practice Toolkit.
The role of a Donee of a Lasting Power of Attorney
A Power of Attorney is somebody appointed by a person with capacity to:
- Make general or specific decisions as set out by the person; and
- Take steps to implement those decisions; when
- The person lacks capacity to make that decision for themselves (see note below).
Note: A Lasting Power of Attorney for Property and Affairs can also be used to help the person manage their finances before they lack capacity, as long as it has been registered with the Office of the Public Guardian.
In all cases where the level of risk to the person, their property or financial affairs warrants it a safeguarding concern should be raised. Any concerns regarding potential financial abuse can be raised through the Safeguarding Team via the adultsafeguarding@luton.gov.uk as well as the Financial Assessment Team for Adult Social Care at FAB1@luton.gov.uk for further guidance.
If you have any concerns about a Deputy, you must raise with the Financial Assessment Team for Adult Social Care at FAB1@luton.gov.uk.
Step 1
Explore whether there are any family members or friends who may be able to apply to act.
Step 2
If so, discuss this possibility with them and establish if they are able to do so. During any discussion you should provide good information about the relevant role. Please refer to the Financial Assessment Team for Adult Social Care at FAB1@luton.gov.uk should any additional support be required. The person can also look at the government website.
If not, in the case of Deputyship only consider whether there is a Solicitor involved with the person or their family who may be appropriate to act and if so, approach them.
Step 3
If they need or request it, allow the family member or friend some time to think things over or access independent advice before making a decision.
Step 4
If they decide to proceed, consider any support they may need to make the application. If a user has a chargeable care service, they can be supported by the Financial Assessment Team. If not, they can be supported by CAB and advised to take independent financial advice. For example, this could be provided by an advocate or voluntary organisation.
Last Updated: February 28, 2025
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