Looking after your financial affairs

The Mental Capacity Act 2005 says that it should be assumed that adults (aged 16 plus) have the capacity to make decisions for themselves, unless it can be shown that they lack capacity at the time the decision needs to be made. This is known as the presumption of capacity. 

The Act also states that people must be given all appropriate help and support to enable them to make their own decisions or to maximise their participation in any decision making process.

Everybody has their own values, beliefs, preferences and attitudes. A person should not be assumed to lack the capacity to make a decision just because other people think their decision is unwise. This applies even if family members, friends, healthcare or social care staff are unhappy with a decision.

We manage the financial affairs of customers who lack the capacity to manage their own affairs. Everyone referred to the team has different circumstances, needs and capacity. We have to prioritise who we support, based in large part, on how vulnerable a person is. We also need to protect their relatives, carers and city council staff from financial abuse or unfounded allegations.

We apply to the Department of Work and Pensions to act as an Appointee or we apply to the Court of Protection to act as a Deputy. If necessary we will use our safeguaring procedures to protect a customer from financial abuse.

We do not act as an attorney for customers who have capacity. Family members should be encouraged to take on the role or to appoint a solicitor. We can advise and support families to do this, as can the social worker.

If you disagree with other family members about how your relative's finances are being used, you should speak to the social worker. They will try to negotiate and facilitate discussions whenever possible to resolved differences.

We will:

• Encourage customers to make decisions for themselves whenever possible - we will consult whenver we can, even if we are managing their affairs
• Decide the best way to manage financial affairs. Generally apply to court for customers with assets over £16,000 - exceptions are where access to funds are required
• Set up appropriate banking arrangements to pay bills, etc
• Draw up an agreed budget for the customer with the social worker, to cover personal/day to day living expenses
• Ensure customers have everything they need from a TV to new clothing
• Arrange funerals if there is no one else able to do so
• Ensure monies are spent appropriately and records are kept

A copy of the referral form can be obtained by contacting the Senior Finance Officer on the Client Affairs Team direct on 0161 793 3594. It is very important to ensure that all details are provided on the form, particularly the financial details to allow us to make an informed decision on the most appropriate course of action.

Court of Protection costs

There are various fees payable to the Court of Protection, Office of the Public Guardian and the local authority from assets of the customer whom the application relates to.

Court of Protection

£400 Application Fee, payable when submitting an application to court.

Office of the Public Guardian

£100 Appointment of Deputy Fee. This is a one-off payment for placing the deputy's details on a register and carrying out a risk assessment to determine the appropriate Deputy Supervision level.

Deputy Supervision Fees. In most cases the Deputies supervision fees for a local authority deputy is £175 per year. Under certain circumstances the person whom the application relates to may be eligible for an exemption or remission from the above fees.

Local authority

£645 plus VAT. This fee covers the work undertaken by the local authority up to and including the date the court issues an Order appointing a Property and Affairs Deputy.

£670 plus VAT. This is the annual management fee for the first year from when the court appoints a local authority property and affairs Deputy, payable on the anniversary of the court order.

£565 plus VAT. Annual management fee payable for the second and subsequent years.

£185 plus VAT. Fee payable for the preparation and lodgement by the deputy of an annual report or account to the public guardian.

£225 plus VAT. Fee payable for the preparation of an HMRC tax return.

£260 plus VAT. Annual property management fee which includes preparing a property for sale, instructing agents, conveyancers etc or the ongoing maintenance of property including management and letting of a rental property.

Who to contact

Name

Client Affairs

Address

Turnpike House
631 Eccles New Road
Salford
M50 1SW
Map to this location

Telephone

0161 793 3594

Email

social.services@salford.gov.uk

Fax

0161 793 3606

This page was last updated on 28 March 2012