Depuryship/appointee

[Manyjobs]

hi I am my daughters appointee for benefits. When or why would I apply for deputyship? I’m trying to find her ways to live independently… doubt that will happen soon, but she wouldn’t be able to manage her own money. Does it require deputyship if she doesn’t live with me? Thanks

[Jofisher]

Deputyship is required at 18 if your daughter lacks mental capacity, but if she has capacity you would ask her to sign for you to be her Lasting power of attorney. I believe all parents who know their children better than anyone else and who will always work in their best interest should be deputies for their child who then is deemed an adult. Things change at 18 and the system is insidious and can take over without you even realising or be very powerful especially when they’re in a care homes. Having the deputyship stopped this from happening to us after being in a dreadful care home that our son was in.

[Strawberrycheesecake in reply to Jofisher]

My daughter is 19 and about to go into a residential care home so I was told it would be a good idea to get deputyship. I am her appointee for benefits but she will only get £28 a week now as social services will take the rest of her money towards her care so I decided there wasn’t any point in getting the financial one. I applied for the health one but it has just come back to say it is not needed at this point in time. My daughter lacks mental capacity so I was surprised at this but I suppose there haven’t been any issues yet. If in the future I come up against any problems I will apply again. Apparently very difficult to get the health and well-being one. Good luck if you’re applying and if your successful I would be grateful to know how you achieved it.

[Jofisher in reply to Strawberrycheesecake]

I have both they tell you it’s hard to put you off it from what I know you have to do the finance one first and then apply for the health and well-being or both at the same time.

[BenjiB]

Not always required. It would really depend on a lot of things. My son is 24 and lives in a residential care home. He lacks capacity but we don’t have deputyship. I’m his appointee for his benefits so deal with his money. We attend all meetings and reviews to do with his care and are kept updated by his house at least weekly. We’re involved in all decision making. When he needed dental surgery last year I signed all the paperwork etc.

Some supported living placements/residential care homes don’t involve the parents and make decisions without parents so it just depends. And some actually try to push the parents out entirely.

Deputy ship has two parts - finances and health. If your daughter just has benefits and no other money you don’t need the financial one. The health and well-being one is harder to get but the forms are online so you can do them yourself if you want to apply.

[Manyjobs in reply to BenjiB]

thanks I was thinking prob same as you. My daughter would always ask about any decisions. I feel it’s unlikely she would end i somewhere where I would not be involved in decisions. So I will leave things as they are for now .

[SpeedyH in reply to Manyjobs]

You are not required to apply for deputyship as stated in Jo's response. Most people do not have deputyship and don't need it. Deputyship is not a panacea for all problems and it comes with costs and responsibilities.

You can carry on handling her money as appointee if she only receives benefits but if her finances are more complex you might need to consider lasting power of attorney/deputyship. for example, sometimes signing tenancy agreements can be tricky, though not always. It is a good idea to have her benefits paid into a separate account. In can be in your name but you should keep your money and hers separately.

If your daughter is able to ask about decisions as you mentioned, it might be that she has the mental capacity to set up a lasting power of attorney. The mental capacity test for this is purely does she understand what the document is (you can explain in simple terms that it is an important document that will allow you to help her with her money, that if she agrees with that it has to be signed etc). The test is not whether she is good with money or not. There are two LPAs one for health and one for finance and although you might not need this in order to be able to help your daughter, in my opinion everyone, whether disabled or not should have both as you never know when you might need it! It is very easy to apply online for LPA, it is not complicated like deputyship application. It would also be free for your daughter if she is on a low income. Google 'applying for lasting power of attorney' and make sure you look at the gov.uk site.

[LaVerite in reply to BenjiB]

So pleased to hear that your relationship with your son's care home is at a grown-up level, BenjiB.

For those where the authorities actively - or even strenuously - try - or even succeed - in pushing parents out of the picture completely, effectively trapping the individual in a closed and secretive care system where anything can happen, what are their options?

Every relative should be able to enjoy the same level of inclusion as yourself, and it should not be a postcode lottery or at the whim of a manager who learnt their job from the matron in 'One flew over the cuckoo's nest'!

[BenjiB in reply to LaVerite]

I agree with all you say. I managed a residential care home myself for 10 years so was fully aware of how some places can be.

We looked at lots of places. The placement team were brilliant when I kept vetoing options without even looking but I knew just by looking at some places online that they weren’t right due to environment or the number of other residents. The ones I visited I spent ages with managers and staff asking a tonne of questions. It was a year long journey to find the place he’s at now and I knew before we’d parked the car that it was right for him environment wise. After Meeting with managers and staff and doing a few transitional visits I was sure. We were lucky to find something like that that isn’t too far from home either although it is a ferry ride so expensive when he comes home. The actual placement is expensive. Around £6k per week so I wasn’t confident funding would be approved but eventually it was.

[LaVerite in reply to BenjiB]

Wow, music to my ears!

What Local Authority is your son's placement in - if you don't mind my asking?

[BenjiB in reply to LaVerite]

He’s on the Isle of Wight. He was funded 100% by CHC since he was 18 but as of yesterday it’s joint funding between CHC and Southampton City Council.

[LaVerite in reply to BenjiB]

Many thanks BenjiB😊

[Bergersil400 in reply to BenjiB]

Hi Benji B I am often really impressed with how the residential home where you son resides. It has to be the bench mark as to how residential care should be managed, hence for the best interests of the residents, in partnership with parents, care givers and the funding team.I have just noticed though that your funding is now joint health and council which I assume is social?

My daughter is 100% health for past 6 years, and I can't see it changing in future. However if it did does this mean that contributions to care will commence?

By being health funded not only more funding for care/ placements but she keeps all of her benefits, so we have more for activities trips Christmas birthday presents etc.

[BenjiB in reply to Bergersil400]

Yes it means if they lose the 100% CHC funding they have to start paying contributions. I’m appealing the decision now as I had a call from social care yesterday asking if I was. I wasn’t aware I could. Apparently I should have been involved in the while process, I was not and I should have received a letter with the right to a-peal but I didn’t. The first I knew was when I got a letter asking for a financial assessment. I’ve no idea what has changed so I intend to find out. Social care are sending me everything and will help with the appeal.

His home fees will be paid no matter what but the contribution is £570 per month leaving him with practically nothing and it has to cover clothes, toiletries, activities, subscriptions the lot 🙄

[Bergersil400 in reply to BenjiB]

My goodness sorry to here that. Yes you must appeal, and get reasoning why the change. Each year we always have care review where we attend, or over phone/ teams during covid. We are having an extra review at our request at end month, see if can have extra funding for a couple of days day care off site.It is ludicrous that they will leave you with just basics to live on, whereas with 100% funding this helps to pay for the extras which would be coming out of our income otherwise. We use the extra money to purchase a football season ticket & a pass for the zoo, including free carers for both. It also covers holiday breaks for her, and enough to buy her decent food for her flat.

Always plenty over for generous Christmas & birthday presents for her.

It is the way it should be. Our adult children shouldn't be short changed. Most carers/parents will spend the money to give their children a decent quality of life.

Good luck with your appeal.

[BenjiB in reply to Bergersil400]

I know. He does lots of activities which keep behaviours at bay. Sailing and bowling, days out etc plus he goes through clothes and pyjamas very quickly as he gets changed several times a day and at least 10 times at night! im not looking forward to the fight. It cost is in excess of £30k to fight for funding for residential college. It nearly broke us emotionally too. But like most of us we’ll fight for our kids till the end so I can’t give up x