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Appointee and Appointee Account question

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3 days 10 hours ago #304121 by Anneb
I am my son’s Appointee to manage his benefits. I have Form B57.

Currently my son’s benefits are paid into my bank account and I pass on money him and pay the rent etc.

I am considering opening what’s called an ‘Appointee Account’ which would be in my son’s name with his bank but I would have authorisation to manage it, he would not have access to it.

The reason for this is that I was quite ill earlier this year and it occurred to me that if I died my bank account would be frozen which would mean my son would not get his benefits and the rent would not be paid. With an Appointee Account the benefits carry on being paid, even though my son could not have access to them, until a new Appointee was made who would then manage the Appointee Account.

The DWP mentions Appointee Accounts in this: www.gov.uk/government/publications/deput...one-else-web-version (scroll down to reach Appointee managing the account of the person): The Department for Work and Pensions (DWP) can appoint someone (an appointee) to act on behalf of a person receiving state benefits who cannot manage their benefit-related affairs because they have a physical disability or do not have mental capacity…...You will need to contact the bank or building society which holds the account the benefits are being paid into. The bank or building society will need to see the following things before they will give you access to the account - The BF57 form you got from the DWP etc.

However, in the DWP’s website about becoming an Appointee: www.gov.uk/become-appointee-for-someone-claiming-benefits it clearly says that the benefit is “paid directly to you”, that is the Appointee….so the Appointee Account thing doesn’t make sense since it would be in my son’s name.

I spoke to an advisor on the ESA helpline and they knew nothing about Appointee bank accounts. So I’m confused. Does anyone have any advice ?

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1 day 5 hours ago #304233 by David
Replied by David on topic Appointee and Appointee Account question
Hi Anneb

Your arguments are based on what would happen if you died. I would advise that you hold a joint account with your son. The law is that when a joint account holder dies the account would automatically be administered by the joint signatory.


David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Wendy Woo, Anneb

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23 hours 55 minutes ago #304266 by denby
Replied by denby on topic Appointee and Appointee Account question
The only thing David is that if the joint account holder lacks either physical or mental capacity to manage the account, it wouldn't help. There are a lot of us aging and trying to prevent trouble for vulnerable dependents when we die. [ Likewise the issues over vulnerable persons' trusts.]
I have recently discovered that Co-op Legal services I believe will act as reserve Powers of Attorney if required, which may be of use/interest to some parents like this
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15 hours ago #304267 by Anneb
Replied by Anneb on topic Appointee and Appointee Account question
Hi David - many thanks for your reply. Since I am the Appointee, if I died, would the DWP carry on paying my son’s benefits into the joint account once they were informed of my death ? Or perhaps I should give my son’s name as the joint account holder to the DWP ?

All the business with my son moving borough that I was asking questions about earlier this year came to naught as his Housing Association suddenly decided to sell their housing stock and stopped all transfers of tenants, so I’m more likely to receive a managed migration notice to UC before things settled there.

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11 hours 35 minutes ago - 11 hours 34 minutes ago #304280 by David
Replied by David on topic Appointee and Appointee Account question
Hi Anneb The question then would be who is your executor in the event of your death ?
But your son would have access to the funds in the account until the executor took action.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 hours 34 minutes ago by David.
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6 hours 44 minutes ago #304311 by Anneb
Replied by Anneb on topic Appointee and Appointee Account question
Hi Denby - yes it's a real dilemma what to do for the vulnerable beneficiary in the event of our death(s).

We found a good solicitor who, on the death of both me and DH will be the executor and set up a vulnerable person's trust for our son - that's all down in our Wills. They have experience of doing so for several vulnerable people. In our letter of wishes we mentioned son's benefits and how he might need an advocate so they will be aware of the problems. But in the end we have to just do what we can do now and do our best for when we're not around. We haven't any extended family who could help.
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