The differences:

Appointeeship & Deputyship

Appointeeship

  • Appointees have very narrow powers, limited to managing money from Department of Work and Pensions (DWP) and to dealing with DWP, acting on behalf of the individual who lacks capacity

  • Appointees are limited to receiving and organizing the spending of benefit and/or state pension income for the welfare of the individual who cannot manage their own money

  • An appointee must be over 18 years

  • The DWP appoints a person or an organisations (e.g. a local council or a care home) as an appointee. The process is relatively quick and simple

  • An appointee is accountable to the DWP but is not supervised or monitored regularly

  • An appointee must follow any rules laid down by the DWP

  • There are no fees involved in becoming an appointee

  • An appointee cannot claim expenses

Deputyship

  • Deputyship often gives considerably wider powers, to make decisions and act on behalf of the other person who lacks capacity on welfare issues or on financial matters or on both, depending on what is laid down in the order of the Court of Protection

  • Deputies manage money from any source of income, in addition to benefits/state pension e.g. occupational pension, income from investments, money from a Trust, or direct payments/individual budgets

  • A deputy must be over 18 years. A person who has been declared bankrupt or has had a criminal conviction, especially one relating to fraud, is unlikely to be appointed as a Deputy

  • The Court of Protection appoints a person or organisations (e.g. a care/support provider) as a deputy. The process takes several months and is a rather complicated legal process

  • A deputy is accountable to the Court of Protection and is supervised by the Office of the Public Guardian and has to submit an Annual Report on their decisions, income, and expenditure

  • A deputy must act within the scope of the order appointing them and act within the principles of the Mental Capacity Act 2005 and its Code of Practice

  • There are fees for the costs of applying to become a deputy and for ongoing supervision. Fees are payable from the money of the person who lacks capacity

  • A deputy can claim reimbursement of reasonable expenses, such as phone calls, travel, and postage. A deputy cannot be paid for their time, unless the court order appointing them states that remuneration can be paid e.g. to a local solicitor