Some people cannot do certain things or make decisions alone. This might be due to a learning disability, mental health, or mental capacity issue. There are different ways of helping:
- Looking after their bank accounts.
- Buying and selling property on their behalf.
- Claiming or spending welfare benefits for them.
- Deciding where they live.
- Making decisions about their day-to-day healthcare.
Helping someone through an agent
If you can't collect your benefits or tax credits, someone can collect them for you. The person you appoint is often referred to as an agent. How you can do it:
- If it's paid into your bank or building society account, contact them. Arrange for the agent, or other appointed person, to collect the money.
- If it's paid into a post office card account and needs to be regularly collected by someone else, contact the post office. Arrange for the agent, or other appointed person, to collect it.
Helping someone through an appointee
If you need help with welfare benefits or tax credits, you can ask for an appointee. Appointees must be appointed by one of the following to act on your behalf:
- A court of law.
- The Department for Work and Pensions (DWP).
- HM Revenue and Customs (HMRC).
Lasting power of attorney (LPA)
An LPA is a legal document. It allows you to appoint someone to make decisions on your behalf. You need to have capacity when you sign this document. There are two types of LPA:
- Property and Affairs LPA. This lets you decide their property and affairs if they can't. This can include paying bills, managing a bank account, or selling a property.
- Personal Welfare LPA. This lets you decide about someone's health and welfare. For example, giving consent for medical treatment or deciding where to live.
An LPA means your appointee won't need to go to the Court of Protection if you lose mental capacity. They will be able to make decisions for you.
To arrange an LPA, you need to go through an application process. You do not need professional legal advice to fill out the forms. You may want to go through a solicitor if your situation is complex.
The LPA has to be registered with the Office of the Public Guardian before it can be used. Be aware that there is a registration fee.
It can only be used once you are unable to make your own decisions. A medical professional or court of law will help to decide if you have reached that point. For more information, see DirectGov.
Speaking up for adults with care needs or disabilities
An advocate is someone who expresses your views and wishes. They represent you and work to secure your rights and interests.
Advocacy supports people who are vulnerable. It helps them make informed choices about their health and social care. The service is particularly for people with:
- Physical disabilities.
- Learning disabilities.
- Older people.
- Those with mental health needs.
Do you use health, community, or social services? Are you having problems getting your needs met or your voice heard? If so, see a list of support services below.
Advocacy 1st
Advocates act only according to the wishes of the person they are speaking for. They do not impose their views of what is best. Nor do they try to influence the person to choose differently.
Telephone: 020 3948 0559
Email: advocacy@harrowmencap.org.uk
Harrow Association of Disabled People
It advocates for people with disabilities. Catering to both social and health service issues. Office opening hours: Monday to Friday 9.30am to 5.00pm
Textphone: 07985 244 177
Address: The Wealdstone Centre, 38-40 High Street. Wealdstone Harrow Middlesex HA3 7AE
Telephone: 020 8861 9920
Fax: 020 8861 9926
Email: general@had.org.uk
Harrow Carers
Meeting the needs of carers by supporting them on an individual basis.
Address: 376 – 378 Pinner Road. North Harrow, Middlesex HA2 6DZ Twitter: @harrowcarers
Telephone: 020 8868 5224
Email: admin@harrowcarers.org
Harrow Mencap
Representing people with learning disabilities
Address: 3 Jardine House, Harrovian Business Village. Bessborough Road, Harrow HA1 3EX
Telephone: 020 8869 8484
Fax: 020 8423 5649
Email: mencap@harrowmencap.org.uk
Health Advocacy Service
They help with concerns about any health service you've used. Including a hospital, GP, or dentist.
Address: Ground Floor Bentley House. 15-21 Headstone Drive, Wealdstone, Harrow, HA3 5QX
Textphone: 07985 244 177
Telephone: 020 8861 8876
Email: handcadv@had.org.uk
Mind in Harrow
Support for mental health issues in Harrow.
Address: First Floor 132-134 College Road. Harrow, HA1 1BQ
Telephone: 020 8515 7853
Email: info@mindinharrow.org.uk
VoiceAbility
Independent Mental Health Advocacy. For patients at Northwick Park Hospital. Including Roxbourne Complex.
Mental capacity to manage finances
Mental capacity is about your ability to make an informed decision. It’s about how well you understand the decision and remember the needed information. You may have the ability to make some decisions but not others. Also, you might be able to decide at one time, but not at another.
The Mental Capacity Act 2005 explains how to assess mental capacity. It also details how others can legally act for those who lack capacity.
We may not be able to complete a financial assessment for someone lacking mental capacity. This may be unless they have a legal representative. You can legally represent someone if you have:
- Power of attorney over their finances and property.
- Appointeeship to manage their benefits.
- Deputyship for property and finances.
If you are not willing or able to apply for any of the above, someone else may have to act in their best interests instead. This could be a solicitor or the local authority.
Helping someone with limited mental capacity
If someone is legally chosen to act for another person, they must show proof. Examples include:
- A registered Enduring Power of Attorney or a registered Lasting Power of Attorney.
- An order sealed by the Court of Protection appointing them as Deputy (Property and Affairs).
- The financial details to complete a financial assessment for the citizen.
We will need you to do the following on behalf of the citizen:
- Accept all mail meant for that citizen.
- Sign any financial documents or contracts.
- Settle any invoices for care charges.
Making decisions for someone in receipt of benefits
You can apply to the Department for Work and Pensions (DWP) to be an appointee for a person's benefits. If they have other income such as private pension or significant savings, you will need to apply to the Court of Protection.
This would make you a Deputy for Property and Affairs. This will allow you to handle their finances and property.
If the representative can't or won't do this, another suitable one will be nominated. This could be a relative, friend, or solicitor. If we can't find a suitable representative, we may ask the Court of Protection to appoint a professional Deputy.
A professional Deputy can get reimbursed for costs incurred while acting as Deputy from the funds held.
When we set up care and support for someone with limited mental capacity, we will ask their representative to explain what actions they are taking.
They also need to confirm in writing that they intend to be the citizen’s legally appointed representative.
While the application is being processed, we will help as much as we can. We will:
- Tell the representative about any possible charges for care and support services. Include when these charges might begin and explain how we'll do financial assessments.
- Complete a provisional financial assessment. This is if you are struggling to provide enough financial information on behalf of the citizen.
- Send the invoices for any care and support charges to the representatives. We will allow payments to be delayed until they receive legal authority to access funds.
- We will defer an appointment of a representative if a financial assessment cannot be completed. We will backdate any assessed charges to the date we attempted to carry out the assessment.