Agenda item

The Council’s Programme Manager for Revenues and Benefits (PM) delivered a presentation on the current arrangements for Appointeeship and Deputyship within the Council, as well as the plans to implement a Deputyship service from December 2021 to sit alongside the current Appointeeship Council service. Both services were in place to support residents without the capacity to manage their own finances, or who did not have a family member willing to conduct these matters on their behalf, but whilst the Appointeeship service was limited to small amounts of money and every day financial matters, the Deputyship service could encompass all aspects of financial matters (depending on Court of Protection (COP) directives).

In response to questions from Members, the PM stated that:

• The current annual charge for residents to use the Council’s Appointeeship service was just over £400, which equated to £8 per week.
• Many residents using the Council’s Appointeeship service did have family members, but for various reasons, and in the best interests of their relatives, they chose for an independent person to provide this financial support. This was also likely to occur with the new Deputyship service. In the case of deputyships, many family members often opted to spend valuable time with their relatives, rather than having to worry about their financial administration.
• In some cases, family members preferred to take on the responsibility of their relatives’ financial affairs. However, some then struggled with the difficult nature of this role and opted for the Deputyship service at a later point.
• If a resident using the Deputyship service passed away, the Council would settle their estate and arrange their funeral. Whenever the Council took on a new appointeeship or deputyship, it would always try to ensure that a will was in place, so that the wishes of the individual could be fulfilled. The service would aim to liaise with family members and the Adult’s Care and Support (ACS) team as soon as possible around this.
• If possible, the Council would liaise with the resident themselves around their will, as they may still have the capacity to express their wishes for their assets or estate, even if they lacked capacity to manage their financial affairs more generally. In many cases, residents also had advocates or family members who were able to help them make these decisions without any kind of coercion. However, if officers suspected coercion, they could refer to colleagues in the adult safeguarding team for advice or intervention.
• If a resident was not using the Council’s Appointeeship or Deputyship service, their family member was withholding their finances, and if the resident was known to the ACS team, ACS would make an assessment. If ACS believed that the resident was unable to look after their financial affairs and that their family was not dealing with their affairs appropriately, then ACS would step in to try to resolve the situation. In some cases, ACS could also apply for an order from the Court of Protection, without the approval of the family members, if the team had evidence of neglect or abuse of the individual. The Operational Director (OD) for ACS also stated that ACS would look into safeguarding proceedings, to ensure that the resident was safe, their rent was paid and there was no risk of homelessness.
• Appointeeships were smaller and less complicated than deputyships, with two members of staff currently dealing with 95 appointeeships. Deputyships were more complicated, especially if there was a house, large amounts of capital or shares involved. From December 2021, the Council would be looking to deal with a blend of up to 150 appointeeships and deputyships. It would likely convert some of the current appointeeships to deputyships, allowing for the capacity to take on up to another 50 deputyships if needed. It could also offer the services of the team outside of the Council, for example, to other councils who may be struggling with the volume of their clients.
• Each resident had their own bank account and their own set of bills, which would be reconciled on a monthly basis, and the Council had to compile an annual report for deputyship for the Office of the Public Guardian. It also ensured that the Internal Audit team got sight of performance early on, as part of their calendar of work.

The Chair praised the decision to establish a Deputyship service for residents who were no longer able to manage their own finances, noting that this could also prove beneficial for elderly parents who wanted to ensure that their vulnerable children were adequately supported, before their passing.