Responsible Officer:  Julian Partridge
E mail:  Julian.Partridge@devon.gov.uk
Date of Issue: 25th February 2005

3.18 Detailed Information

It is essential that any Appointee, Power of Attorney or Receiver should be involved at the earliest possible date. They have the authority and the responsibility for the service user concerning financial matters.

1. Appointeeship

1.1 An Appointee is a person authorised by the Department of Work and Pension to receive the benefits for another person because they are unable to do so themselves due to physical or mental disorder.

1.2 The Appointee is responsible for completing all relevant claim forms in respect of benefits and for the application of those benefits for the person they represent.

2. Power of Attorney

2.1 A Power of Attorney is a document authorising one person to act for another (i.e. in this context the service user), usually with regard to financial matters. The authority is either in respect of all financial dealings or limited to a particular function.

2.2 The service user must be mentally capable of understanding the contents of the Power of Attorney at the time the document is signed.    

2.3 The person authorised to act under a Power of attorney is still accountable to the service user for the actions and decisions made.

2.4 Enduring Power of Attorney- if the service user becomes incapable due to mental disorder a Power Of Attorney can continue to act for the service user as an Enduring Power of Attorney and is required to be registered with the Court of protection so that he / she is accountable for his / her actions.  

3. Court of Protection Receivership Orders

3.1 The court of protection is an office of the Supreme Court whose function is to protect and control the administration of property and finances of persons who, through mental disorder are incapable of managing their own affairs. This function is usually carried out by the appointment of a Receiver who deals with the day to day financial affairs under authorised directions from the Public Guardianship Office ( the administration arm of the Court of Protection). These directions are contained in a document which states the exact authority of the Receiver.

3.2 The application to the Court for the appointment of a Receiver must provide medical evidence to show that the patient is incapable due to mental disorder and there must of course be assets and / or income which need to be