Appointeeship - who can end it?

Hello,

I’ve just been asked if a claimant can end an appointeeship taken out on their behalf.  I don’t know the answer so I checked the books to know to avail and in the end I telephoned to JC+ callcentre.  I was told that only the appointee could end the appointeeship and they would need to write to them simply saying that they no longer wish to be an appointee.

I asked if it was possible for the claimant to end the appointee if, for example, their mental capacity had improved.  I was told that they could not.  I was quite but aback.  Is this true?

Thank you.

Patrick.

Extract from the DWP’s Agents, Appointees and Receivers Guide:

Revoking an appointment
5400 There are three circumstances where an appointment can be revoked:
• if the appointee does not act appropriately within the terms under which the
appointment was granted, an officer acting on behalf of the Secretary of State can
revoke their authority
• if there is sufficient evidence that the customer is capable of acting for themselves
and does not need an appointee to act for them over their benefit affairs.
• where the appointee himself becomes incapable. Where the Secretary of State is
satisfied that this is the case - standard evidence considerations apply - he should
take normal action to appoint a replacement.

Well thank you very much!  The 2nd bullet point seems to suggest that the claimant can indeed seek the end of the appointment.

Thank you.  Most helpful.

Patrick.

I helped a client end an appointeeship for the exact reason you quote - she had been severely mentally ill but had improved such that she was able to manage her own affairs - the person appointed to look after her benefits did not agree and would not give it up - we provided GP and Specialist letters in her favour and the SofS withdrew the appointeeship.

Would it be helpful to seek a community care adviser in the Manchester area, to assist with the process?  (Hope this search works, now that I’ve gone and posted it)

http://www.communitylegaladvice.org.uk/en/directory/directorysearch.jsp

Any suggestions welcome!!!

I have a client who is under appointee and the appointee is his father who is refusing to relinquish appointee, it is clear the client has no capacity to deal with his own affairs, the client and his father no longer talk for various reasons and the client is not receiving his money. we are unable to prove the client is not getting his money which throws no1 out the window.

His social worker would like to give the client the opportunity to show capacity before arranging the hospital appointee. so no3 is out the window at present.

Any ideas how to get the appointee removed?

Thanks
Veronica Brown

Thank you, I have done that this morning and it has worked. DWP have suspended payments until we can get a formal letter from his Social Worker comfirming that he cannot contact his father and that his father is not giving him money.

You have been a great help!

Thanks,
Veronica