Power of Attorney, Appointee and Deputy
What does it all mean and which one is right for you and your child?
Services for children and young people under the age of 18 with long-term health conditions or additional needs are provided by children’s health and social care services. As a parent carer, you’ve likely been the main decision-maker when it comes to your child’s care and support needs.
However, when your child turns 18, they will move to adult services which brings legal changes. At this stage, your child may become more involved in decisions around their own needs and care. This can be a positive step towards greater independence, but you might find it harder to figure out the best way to keep supporting them
Power of Attorney
At 18, if your child can make decisions, they will become fully responsible for their own care. But if they would still like support (either immediate or in the future), they can appoint you as their Attorney
through a Lasting Power of Attorney (LPA).
There are two types of LPA
- Property and Financial Affairs LPA. This can be used as soon as it’s registered, with your child’s permission, and allows you to make decisions about your child’s money and property e.g. managing bank accounts, paying bills or collecting benefits.
- Health and Welfare LPA. This allows you to be involved in decisions about your child’s care, such as daily routines (washing, dressing and eating), medical care, moving into a care home or life-sustaining treatment. But it can only be used when your child is unable to make decisions themselves.
You can find out more about LPAs on our website here Power of Attorney | We Care You Care
If you or a professional feel that your child does not have the capacity to manage their own care, then there are steps you can take to allow you to continue making decisions in their best interest. Two main options are Appointeeship and Deputyship.
Appointeeship
Appointeeship allows you to manage your child’s welfare benefits (such as Universal Credit or Personal Independence Payment). It’s overseen by the Department for Work and Pensions (DWP). You’ll receive their benefits, make claims on their behalf, and update the DWP about any changes in their situation.
The DWP will visit your child to see if they need an Appointee. If they do, they’ll interview you to check if you’re suitable. During the interview, you’ll fill out an application form (Form BF56) with the interviewer.
If the DWP approves your application, they’ll send you Form BF57 which confirms you’ve been officially appointed.
As a parent carer, there are no fees or costs to become your child’s Appointee.
Deputyship
Deputyship gives you more legal authority to manage your child’s financial or personal welfare matters. However, it’s a more complex and costly process than Appointeeship as it involves applying through the Court of Protection, and being supervised by the Office of the Public Guardian (OPG).
Similarly to an LPA, as a parent carer you can apply to be your child’s Deputy in two areas:
- Property and financial affairs deputy. You’ll do things like manage bills, bank accounts and finances.
- Personal welfare deputy. You’ll make decisions about your child’s medical treatment and care.
You can apply to be both type of Deputy. Becoming a Deputy is an ongoing role, and you will be asked to complete a deputy report to the OPG each year explaining the decisions you've made on your child’s behalf.
As a parent carer there are fees to pay to be your child’s deputy.
These include a £421 application fee and then an annual supervision fee after you’ve been appointed. This will depend on what level of supervision your deputyship needs. You’ll pay:
• £320 for general supervision
• £35 for minimal supervision - this applies to some property and affairs deputies managing less than £21,000
In summary:
Appointeeship is authorised by DWP and involves filling out a form and a home visit. It is free, and allows you to manage your child’s benefit payments only.
Deputyship is authorised by The Court of Protection and involves a formal legal application. There are upfront and ongoing annual costs involved and it means you have full control over your child’s finances, including any savings, property and bills.
Plan ahead and take time to explore your options
These decisions are important and can take time. It’s helpful to start exploring your options early so you feel confident about what is right for you and your child.
Useful links to topics covered in this article
Make, register or end a lasting power of attorney: Overview - GOV.UK
Become an appointee for someone claiming benefits - GOV.UK
Deputies: make decisions for someone who lacks capacity: Overview - GOV.UK
