An Appointee is a person appointed to receive state benefits on behalf of someone else (the Claimant) who does not have enough understanding (mental capacity) to sort this out for themselves.

Often the Appointee is a next of kin such as a mother or brother.  The appointment process involves an application to the Social Security Agency (DSS) on a form called a BF56 this and will lead to an interview with the proposed Appointee and probably the Claimant.  

An Appointee must not mix monies received for the Claimant with their own money and should ensure that funds are held in a separate account identifying the person assisted. For example, the account may be in the name of the Appointee “on behalf of….” who would be the person entitled to the benefit. The Appointee is obliged to notify the DSS if the Claimant’s financial circumstances change and claim any benefits the Claimant may be entitled to.  

Appointeeship only applies to State payments and does not allow the Appointee to manage private money or investments on behalf of a Claimant. Such assets could only be managed for an incapacitated adult by a Controllership Order issued by the High Court of Justice if an Enduring Power of Attorney is not in place.  

For further information regarding any of the above or for a free, no obligation discussion please  contact Chloe Emerson by email on cemerson@fhanna.co.uk or call us on 028 9024 3901.