Becoming an Appointee!

Hi All and hope 2014 to be easiwer than last!

Since the middle of last year it had become increasingly obvious my mother was struggling
with her medical problems. This resulted in advice obtained from welfare adviser.

This has resulted in the situation to date being that it now seems likely that an award for Attendance Allowance will be awarded. I say this because of the calls received from DWP. The only information that is not yet known is if award is low or high rate AA or indeed the length of award. This post concerns being an appointee.

To be as brief as possible, my mind was put at rest by person who completed AA application (welfare advisor) and also from the conversation had from person dealing with AA application at DWP office.

They both informed and confirmed to me that AA monies could be paid into Mothers normal account, with me (appointee) keeping an eye on Mothers finances, as we do presently, as well as any correspondence. This would be no problem at all.

However, I recently received call for the appointee interview to take place at my Mothers, for all paperwork to be signed etc. The lady who will be attending (from DWP or pension service) asked if I had access to my Mothers account, which I don’t (at present). It is this query that has promted this post.

(I was previously advised that:
'Appointeeship for benefits is entirely different from judicial Power of Attorney. Appointees for benefit are the people to whom correspondence is sent by DWP and the will speak to them in all cases of enquiry. Altho’ you can nominate the account the money should be paid into, in normal circumstances all the banking remains the same. Your mother retains full control of her income and expenditure.'
If the above is correct then I have no problems.)

However, if they are are adamant that I must have access to mothers account, would the following satisfy?

Would the easiest way to deal with this be for me to be a 3rd party mandate name on his Mothers current account into which she has her state pension, pension credit & pays bills from?

Or to open a separate joint account with same bank, which the AA award will be paid separately and set up a direct debit from this account to his Mothers current account?

Apart from any other concerns, that fact that myself and my carer receive relevant benefits and I can foresee problems ariising in the future (or am I just being paranoid having read too many problem pages on similiar forums!).

Am looking for advice and comments from others who may already be in this situation and am I worrying too much about being appointee.

Many thanks for reading and advice given.

This is a little beyond the scope of the forum but hopefully someone who is an appointee already can answer. I would try to obtain some kind of legal advice you may be able to access this via a local law centre or CAB. As you say you want to be sure that any action you take will not affect your benefits.

Francis, becoming your mother's appointee means that you would take over the responsibility of notifying the DWP of any changes in circumstances. For example if she goes into hospital it will be your responsibility to let them know. It would also mean that if you failed to notify a change of circumstance that you would be reponsible for repaying anything that was overpaid. The DWP visiting officer will come out and speak to your mum to see if she needs an appointee but also speaks to you to explain the responsibilites fully to you.
Being an appointee is only for DWP purposes and is nothing like having a power of attorney where you can have access to her bank accounts and make financial decisions on her behalf.

Hi f1969,

See : Becoming an Appointee for someone claiming benefits.

bro58

Thanks for replies. AnnieF, you explained it much clearer. That much I am fine with. It is just that I have heard/read so many different ways people have dealt with being an appointee.

Having done little more research, I understand that arranging a ‘third party mandate’ on my mothers only account (which she has state pension, pension credit etc., paid into, has all DD going out from, and if cash needed local ATM) may hopefully satisfy this area, for the DWP benefit, as you explain in your response.

What galls me is the fact having been given same advice by welfare advisor and person from DWP handling AA application, that ‘I wouldn’t be required to take over my Mothers financial affairs’ and being made appointee, is to deal with correspondence and explain contents of same to Mother, and also to keep an eye on her finances (which we have done for some time anyway) AND then to be asked/told ‘do you have/you would need access to your Mothers account’ by person to conduct appointee i/v! Hate conflicting information, especially in this scenario!

However, ‘third party mandate’ seems the way ahead, if satisfactory to DWP.

Also would you know if my Mothers award for AA, is reliant on her having an appointee? (As I may have explained in 1st post, it is likely that an award is to be made, it is rate and length of award that is as yet unknown). I obviously don’t want to scupper any chance of my Mother having this resource snatched from her, just wondering along these lines, that’s all!

MT.

I'm glad other members/mods were able to be more helpful. The DWP are known for giving conflicting info. Whether or not your Mother has an appointee will have no bearing on her entitlement.