Appointee

[Lindi]

I have been an Appointee/carer for my brother with severe learning difficulties for 13 years. He didn't have capacity to open a bank account so one was opened in my name as the bank said if he had capacity he wouldn't need an appointee. All his dealings come to me as dealing with his claim from DWP. I had to speak to DWP the other day and they said to speak to his bank to have his name put on the account. The bank were not very helpful and said it could not be done. Do any Appointees know what to do now I don't want to be in trouble for having things wrtong no problem until now?

[sunnydisposition]

I've just done a google search ...

https://www.moneycarer.org.uk/faqs/appo ... count.html

I also found varies links to the subject by different banks. If you google the bank

https://www.hft.org.uk/wp-content/uploa ... igital.pdf

https://www.citizensadvice.org.uk/famil ... meone-else

Don't worry about doing things wrong you did things in good faith with the information available to you at the time. There is always ways to sort things out.

How about ....

Set up a new bank account under the appointees name. Tell DWP to make payments to this account. Close the old account.

[Lindi]

Thank you that is very helpful

[bowlingbun]

The account should be in your name, not the carers, as YOU are responsible for managing the money. Someone who lacks capacity cannot legally enter into a contract! I'd been appointee for my son for many years as he has LD. Maybe whoever you spoke to is not familiar with their rules. It wouldn't be the first time! Why is this an issue at the moment? Has something happened or changed?

[Lindi]

Yes I am his Appointee I rang DWP in the week to report changes to savings above Pension Credit amount and the lady said his name should be on the bank account?

[bowlingbun]

Have a look at DWP's own information on Appointee ship. If you had Power of Attorney then yes, his name could be on the account, as attorneys operate accounts as if they were the person they were acting for. I've had POA for mum and brother.

[Lindi]

Yes looked at that
tell the benefit office about any changes which affect how much the claimant gets
spend the benefit (which is paid directly to you) in the claimant’s best interests
She might not have been aware of this
Thanks

[bowlingbun]

My journey as a carer over 45 years has given me a wide range of information I'm happy to share. So many officials seem ill informed of the relevant rules, really worrying.