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DWP and Mental Capacity Act
I have a client where there is a Corporate appointee. client requested DWP pay her money direct to her and remove LA from being the appointee. DWOP carried out a home visit and have decided that the client has capacity to manage their own affairs and have removed the LA from their system as appointee.
Client was assessed as not having capacity under MCA and I’m pretty sure the visiting officer does not have a psychiatric qualification to assess someone under the MCA.
Has anyone else come across a similar situation.
No, but capacity does vary with time in some circs so it might well be that on the day she did have capacity. Also capacity for appointeeship purposes may well not be Mental Capacity under the act.
edit… it isn’t Mental Capacity that’s the trigger for appointeeship; it’s being “unable to act” at reg 57 UC, PIP etc (C&P) regs which is a lot broader.
However… that DWP would conduct an assessment and revoke a corporate appointeeship without speaking to social services is dodgy in the extreme and I’d be discussing raising it as a Safeguarding issue with the relevant team.
This a case of deputyship issued by the COP and capacity is as a result of a learning disability and she was assessed by a psychiatrist as part of the MCA which is required by the COP. I cant see how they could have a legal right to remove a COP granted deputyship
This a case of deputyship issued by the COP and capacity is as a result of a learning disability and she was assessed by a psychiatrist as part of the MCA which is required by the COP. I cant see how they could have a legal right to remove a COP granted deputyship
If there’s a deputy, rather than appointee I’d just raise the safeguarding. In my experience JCP jump a mile when the S word is pointed at them.
This a case of deputyship issued by the COP and capacity is as a result of a learning disability and she was assessed by a psychiatrist as part of the MCA which is required by the COP. I cant see how they could have a legal right to remove a COP granted deputyship
indeed they can’t. and i expect the CoP deputy has made an application to the court to haul the DWP before the Court to explain itself. i would, and would expect any deputy to do the same.
i expect the CoP deputy has made an application to the court to haul the DWP before the Court to explain itself
Not sure if that’s an LA; hence I’d be agitating to that end.