Court of Protection
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The Court of Protection team manages the financial affairs of clients who receive a social care service from Wiltshire Council and have been assessed as mentally incapable of dealing with their own financial affairs. This is a last resort service and referrals can only be considered if no one else is available to assist them and all other avenues have been exhausted.
What do we do?
When a case is referred from a care manager the financial circumstances of the person will determine which authority is appropriate to administer their financial affairs.
If the person has little savings, is only in receipt of state benefits then an application to the Department for Work and Pensions to be appointed a ‘Corporate Appointee’ would be submitted. Once granted this authorises the Court of Protection Team to manage their state benefits, meet financial commitments and assist with their day-to-day living needs.
If the person has income other than state benefits or assets more than £10,000 an application to the Court of Protection will be submitted for the designated Wiltshire Council representative to be appointed Deputy. Once appointed this will authorise the Court of Protection Team to administer the clients finances and property under a Court Order and in their best interest.
Who do we help?
We only offer a financial management service to those who need a ‘social service’ and have no family, or friends willing to take on the administration of their financial affairs and property and have made no other arrangements i.e. Power of Attorney, Lasting Power prior to losing their mental capacity.
Is there a charge for this service?
If the person needs to be referred to the Court of Protection for a Deputyship Order then there are prescribed fees set by the Court of Protection for initial set-up costs, annual administration fees etc. That will be paid from the persons funds.
If the case is managed through a ‘Corporate Appointeeship’ then there are agreed fees of £5 per week.
Exemptions can be applied for in respect of Deputyship Fees and ‘Corporate Appointeeship’ fees.
Page updated 26th April 2018