Court of Protection

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Managing money and debtThe Court of Protection team manages the personal financial affairs of those who receive a social service from the council but is deemed mentally incapable of dealing with their own financial affairs and has no one else able to assist them. This is a last resort service and referrals can only be considered if 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 route we follow to assume responsibility of their financial affairs. If the person has little savings, is only in receipt of state benefits then we would apply to the Department for Work and Pensions to be appointed a ‘Corporate Appointee’ 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 savings in excess of £10,000 we will apply to the Court of Protection for the Associate Director Adult Care, Commissioning, Safeguarding and Housing to be appointed Deputy for the client in respect of Finance and Property under an authorised Court Order.

 

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 this responsibility 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 case needs to be referred to the Court of Protection then there are prescribed fees incurred by the person for initial set-up costs, annual administration fees etc. 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 some Court Fees and ‘Corporate Appointeeship’.