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Appointees and mental capacity

JAS1
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Hello,

When someone is interviewed by DWP to be an appointee is a mental capacity assessment carried out?

An issue arose today and someone said ‘if they have an appointee they must have had a capacity assessment’, however I wasn’t sure if this is the case. I’ve never heard of DWP doing a capacity assessment as part of the interview.


Thanks

ClairemHodgson
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JAS1 - 18 February 2019 04:44 PM

Hello,

When someone is interviewed by DWP to be an appointee is a mental capacity assessment carried out?

An issue arose today and someone said ‘if they have an appointee they must have had a capacity assessment’, however I wasn’t sure if this is the case. I’ve never heard of DWP doing a capacity assessment as part of the interview.


Thanks

i should be very surprised.

certainly when i was made mother’s appointee, no one from the DWP went out to see my mother in that regard (or went to see her at all, LOL)

they may, of course, have written to her GP, I wouldn’t know, but wouldn’t be surprised.  this was in the context of both AA and Pension.

mind you, would the DWP have the capacity (LOL) to make a capacity assessment?  not in their skill set (not even, i don’t suppose, in the skill set of a HCP)

Elliot Kent
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They have to be satisfied that the person is “unable to act” - so they are doing a “capacity assessment” in the sense that they are supposed to apply themselves to the question of whether this person is prevented from managing their benefits issues for mental or (exceptionally) physical reasons.

But I don’t think it’s a “capacity assessment” in the way you are probably imagining - involving medical opinions being sought and social services departments and so on. It’s a pretty informal process.

The guidance is here : https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/771549/part-05-appointee.pdf

Paul_Treloar_AgeUK
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The respective processes and responsibilities for an attorney and an appointee are covered in sections 4 and 7 of our factsheet Arranging for someone to make decisions on your behalf

We’ve had many discussions about the relevant merits or otherwise of both appointments and there are strengths, weaknesses and complete inconsistencies at work. But in a nutshell, it is possible that a DWP VO wasn’t aware of the appointee’s mental capacity as defined in the MHA 2005.

JAS1
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Super helpful as ever, thanks guys.

I know corporate appointees want a formal capacity assessment doing, but I thought it seemed highly unlikely DWP would do one for a standard appointeeship but thought I would check rather than assuming!

ClairemHodgson
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JAS1 - 19 February 2019 09:16 AM

.

I know corporate appointees want a formal capacity assessment doing,

that’ll be because they can only be an appointee if the person in fact has no capacity ....

Dan_Manville
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I don’t think DWP understand what mental capacity is. Their narrative on people without capacity to enter into a Claimant Commitment for UC and the complete absence of consideration of mental capacity says a lot.

JAS1
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ClairemHodgson - 19 February 2019 10:19 AM
JAS1 - 19 February 2019 09:16 AM

.

I know corporate appointees want a formal capacity assessment doing,

that’ll be because they can only be an appointee if the person in fact has no capacity ....

Exactly, I think that is why that person I spoke to thought that ALL clients with appointees will have had a capacity assessment as they were thinking of corporate appointees

Dan_Manville
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Elliot Kent - 18 February 2019 06:03 PM

The guidance is here : https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/771549/part-05-appointee.pdf

Bump

Do we know which document this is part 5 of? I’ve just sent it to local JCP staff and knowing it’s provenance will help the argument to come.

annief
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It’s the Agents, Appointees, Attorneys, Deputies and Third Parties staff guide

Rwkitch
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