revoking corporate appointeeship
I have a client who wants to control his own money however Social Work has applied and been granted appointeeship. He wrote to DWP to say he has capacity to manage his own affairs and hoped to get a visit but DWP wrote to the appointee who said he could not manage his own affairs. DWP have said they will therefore not remove the appointeeship.
There is no guardianship in place.
He has been under an adult protection investigation by SW due to self harm by alcohol abuse. They are controlling his money to control his drinking but have no formal powers other than DWP colluding in giving SW control of his money.
It may well be he is making poor choices but he has the capacity to do so and he has no formal guardian. (Scottish Incapacity Law).
My reading of DWP guidance is they are not following their own processes and should note the current appointee’s response but still arrange a visiting officer to see him and carry out an assessment.
Anybody able to comment on what I might do to help? He has no money to pay for a doctors report and it is unlikely he could get legal aid to get a solicitor.
Devil’s advocate… Is his alcohol dependence affecting his capacity to manage his money? Don’t forget that capacity; at least in English law, is decision specific… A pregnant mother; otherwise fit and healthy, with a needle phobia was held to lack capacity to consent to treatment because of the phobia
If a Social Worker has come to that conclusion it’ll be difficult to budge.
Thanks for the reply
In Scotland incapacity relates to ‘mental disorder’ as defined in the Scottish MHA. This specifically excludes dependence on, or use of alcohol or drugs.
It can become complex as it can be argued that alcohol abuse has led to mental illness but this requires a diagnosis and is a protection in the Act to stop people being treated as mentally disordered due to use of alcohol or drugs.