Court Of Protection and Appointeeship

A Deputy is a person or organisation who has been appointed by the Court of Protection (COP) to manage the affairs of someone who lacks the mental capacity to do so themselves.

Although the Deputy is usually a friend or a relative, in some cases the person may not have close family members, or there may not be anyone suitable to undertake this role. If this is case, Sunderland City Council can apply to the Court of Protection to become the Deputy and manage the individuals' finances on their behalf. This includes:

• managing their income
• payment of bills and care fees
• overseeing any investments or debts.

We will apply for a Property and Affairs deputyship which enables us to manage bank accounts, investments, and properties on behalf of the client. This does not allow us to make decisions about care needs or where a person should live.

All decisions we make must be in accordance with the Mental Capacity Act 2005.

Sunderland City Council will apply for Appointeeship of state benefits through the DWP, where a customer has no other means of income and does not have savings in a bank account. Appointeeship only allows the council to receive and manage benefits in that person's best interest.

Sunderland City Council will apply for Deputyship or Appointeeship following receipt of a referral to request support.  Referrals are accepted from Adult Social Care.

The council is allowed to charge set fees for administering the property and affairs of clients under the Court of Protection. The council also charges to cover day to day administration charges for the provision of banking services, and the management of Appointeeship cases.

Appointee charges

• Appointee fee - Annual charge of £283

Court of Protection Charges (Set by the Court of Protection)

• Court of Protection Application Fee - £944 (one off)
• Court of Protection Annual Fee could be either £982 for the 1^st year then subsequent years fees at £824 OR3% of the client's assets. Fees are dependent on the supervision level allocated by the Office of the Public Guardian.
• Court of Protection Deputyship Report Fee - Annual Charge of £274
• Court of Protection Property Management Fee - Annual Charge of £380. Charged to all clients who own a property or have a tenancy to manage.
• The Office of the Public Guardian also charge an Annual Fee.  This varies dependent on supervision level, client's income and client's capital.