Mental capacity and third party representation
When we conduct a financial assessment, our preference is to have the client themselves complete the financial assessment. This is not always possible, however, so we will accept representation from third parties.
If the client has mental capacity to manage their financial circumstances, but need support from a friend or relative, they can sign a consent form to give the council permission to deal with that person. Without a signed consent, we will not be able to deal with anyone other than the client themselves. This is so that we can meet our obligations under the Data Protection Act.
If the client lacks mental capacity to manage their financial affairs, then we will deal with a third party, provided they have legal authority to act on the client’s behalf. A legal authority may come in the form of:
- A registered lasting power of attorney for property and financial affairs
- A registered enduring power of attorney (these are powers of attorney registered before 01 October 2007)
- A deputyship court order for property and financial affairs
- A Department for Work and Pensions (DWP) Appointeeship
If you are acting on behalf of a client who lacks mental capacity, and you have a lasting power of attorney, an enduring power of attorney or a deputyship order, you will need to supply a copy of the full document to us. If you are acting as appointee, please tell us about this (you will not need to evidence your appointeeship as the council can check your appointeeship directly with the DWP).
Find out more information on granting and registering a lasting power of attorney.
Find out more information on applying for a deputyship.
Find out more information on becoming an appointee and for details on how to apply.