Resident Financial Services Resident Affairs Protecting the assets - PowerPoint PPT Presentation

Resident Financial Services Resident Affairs Protecting the assets of residents who lack the capacity to manage their financial affairs

Resident Financial Services Introduction Resident Affairs, part of the Resident Financial Services team offer a comprehensive service to residents of Waltham Forest, protecting the income, assets and property of those who lack the capacity to make their own financial decisions. Applications to act on behalf of residents as Deputy are made via the Court of Protection and Office of the Public Guardian. The Court of Protection is a specialist court for all issues relating to people who lack capacity to make specific decisions. The Court appoints deputies to make decisions in the best interests of those who lack mental capacity. There are two types of deputy :  a deputy for property and affairs to look after an incapacitated person’s finances and property, and  a deputy for personal welfare to look after an incapacitated person’s health and welfare. The Office of the Public Guardian helps support and monitor deputies appointed by the Court of Protection.

Resident Financial Services Duties of the Deputy The main duties of the Deputy for property and affairs are : • Receiving income, including welfare benefits and occupational pensions. • Selling property. • Administering day to day finances, for example, paying utility bills. • Consolidating savings into one high interest account. A Deputy for financial and property affairs has no power over the care a person may receive, whether this is in relation to the accommodation or medical treatment. A separate court order for welfare is required for any non-financial decision. Where the resident has only modest assets and lacks capacity, an application to become Department for Works and Pensions Appointee can be made to collect welfare benefit income.

Resident Financial Services Application process The decision to apply is usually made by the relevant service team but can be one of the outcomes of a safeguarding vulnerable adults investigation. Resident Affairs can advise on the options available and attend multi-disciplinary meetings where necessary. Fees and charges apply to most Court of Protection applications. Fees are normally paid by the resident and Resident Affairs can advise whether the resident’s assets are sufficient to warrant an application. A formal assessment of capacity is required for all applications. Once a Deputyship Order is in place, there are a range of options for supporting residents to live as independently as possible, and using their income and assets to maintain and improve their quality of life. An annual report to the Office of the Public Guardian allows the court to monitor what the Deputy has done to support the resident.

How long does an application take? The Court aims to make a decision of the court (an Order) within 16 weeks of the date the application was received. This will depend on a number of factors such as :  the time taken to notify all interested parties that we have made an application;  whether the court requires any more information before making a decision, and  whether anyone opposes the application. A typical timeline for an uncontested property and affairs deputy application :  The council must notify the incapacitated person and any other interested parties within fourteen days of receiving the sealed COP1 (application form) from the court.  Completed forms COP20A and COP20B (certificates of service or notification) must be returned to the court within one week of completing the service/notification process.  On receipt of forms COP20A and COP20B the court has to give interested parties the opportunity to make any representations. This is the statutory waiting period.  On the expiry of the statutory waiting period the application will be referred for judicial attention.  The court will consider the application and decide whether an order can be made, or if further any evidence is required.

Applying for urgent and emergency assistance  Application for an urgent interim order  The council can apply to the Court of Protection for urgent or emergency court orders when a decision has to be made without delay.  The court must agree it is a serious matter with an unavoidable time limit.  An urgent application (sometimes called an ‘interim application’) must be for a specific decision that needs to be made without delay, e.g. to get money from the person’s bank account to pay outstanding nursing home fees.  If the council has not yet applied to become deputy this will be included with the main application.  Application for an emergency order  The council can also make an emergency application in very serious situation, e.g. to stop someone who lacks mental capacity from being removed from where they live or to give them treatment for a serious medical problem.  Emergency application are and in specific circumstances and are made by telephone in the first instance.

Applying for the appointment of a personal welfare deputy  Applications to become deputy for personal welfare are made via the Council’s Corporate Legal Service.  The council normally needs permission to apply if the application relates to personal welfare. This is because Section 5 of the Mental Capacity Act 2005 (‘the Act’) confers a general authority to act without the need for any formal authorisation by the court if a person does an act in connection with the care or treatment of a person who lacks capacity and acts in that person’s best interests.  The purpose of permission to apply is to ensure that court proceedings in relation to personal welfare are a last resort.  If the incapacitated person lacks capacity to make decisions about their personal welfare an application will not usually be necessary. This is because the Code of Practice to the Act says that the court should only appoint a deputy to make decisions about personal welfare as a last resort, and in the most difficult cases where decisions cannot otherwise be taken without the court’s authority. Examples might include cases where there is a history of disputes within the family, or where there is a need to make a series of ongoing decisions.  The court will consider whether decisions can be made without the appointment of a deputy for personal welfare. If the court decides that the appointment of a deputy is not necessary it will refuse permission to apply (see above).  Please refer to Chapter 8 of the Mental Capacity Act Code of Practice for more guidance on when the court will appoint a deputy for personal welfare.

Court of Protection forms The following forms are required to make a standard property and affairs deputy application. COP1 - Court of Protection Application Form  This form sets out the Council’s application and is signed by the authorised officer. COP1A - Annex A Supporting information for property and affairs applications  This form sets out the income and assets the Council is applying to protects and also any liabilities due. COP3 - Assessment of capacity  This form is completed by the relevant medical practitioner to confirm that the resident lacks capacity to make their own financial decisions. A number of other forms are completed by Resident Affairs to complete the application process and notify interested parties.

Resident Financial Services Contact us For further information or to discuss an application, please call : 0208 496 4527 or email us at: Marcus.Power@walthamforest.gov.uk