On the gov website it says the following (at link below):
“You can apply for the right to deal with the benefits of someone who cannot manage their own affairs because they’re mentally incapable or severely disabled”
So it seems that lack of mental capacity (as defined by the Mental Capacity Act) is not necessarily required in order to be eligible for an appointee. Have I understood that correctly? Can someone have mental capacity and still be eligible for an appointee?
The Mental Capacity of an individual may vary according to the situation in question. For instance the subject may have the mental capacity to choose what clothes they wear and the food they eat but be deemed by support services not to have mental capacity to make financial decisions. As far as the DWP is concerned it is the assessment of the Visiting Officer that decides if a claimant can be allowed an appointee because they don't have the capacity to manage a Benefit claim.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
