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Referral - conditions of acceptance

In this section

  1. 1
    Introduction
  2. 2
    Purpose
  3. 3
    Scope
  4. 4
    Definitions
  5. 5
    Legal context
  6. 6
    Associated Council policies
  7. 7
    Referral - conditions of acceptance
  8. 8
    Application for authority where no other person is willing or able to act
  9. 9
    Authority to act
  10. 10
    Supporting involvement
  11. 11
    Management of financial and property affairs
  12. 12
    Property
  1. 13
    Responsibilities for a deceased person’s estate
  2. 14
    When Client Affairs team responsibilities end
  3. 15
    Fees charged by the Client Affairs team
  4. 16
    Monitoring
  5. 17
    Reports to the Office of the Public Guardian
  6. 18
    Dissatisfaction/complaints
  7. 19
    Implementation
  8. 20
    Review
  9. 21
    Appendix 1: Terms used in this policy
  10. 22
    Appendix 2: Client Affairs fees – from April 2024
  11. 23
    Appendix 3: The Mental Capacity Act Code of Practice
  12. 24
    Policy details

7.1    Referrals to the Client Affairs team may be made by social care or health professionals employed by the council and Gloucestershire Health and Care NHS Foundation Trust. The Office of the Public Guardian may also approach the Client Affairs team to act as deputy in place of an existing deputy or attorney.

7.2    Referrals will only be accepted when the Client Affairs team is satisfied that:

  • all financial and other required details have been supplied
  • an assessment of mental capacity has confirmed that the person lacks capacity to make specific decisions about their property and financial affairs
  • the referral is in the person’s best interests as outlined in the Mental Capacity Act Code of Practice (See Appendix 3)
  • there is no other suitable person who is willing and able to manage the person’s property and financial affairs as deputy
  • their property and financial affairs are considered sufficiently complex to require a deputy and they cannot be managed solely by a DWP Appointee
Where:
(i) a person’s income is solely DWP benefits and/or state pension
(ii) they have savings/money in the bank of less than £5,000 
(iii) they do not have unoccupied property that needs to be sold
(iv) they do not need to end a tenancy following permanent admission to residential care
A deputy is not usually required.

Policy published : August 2017      

Policy reviewed : April 2024

Last reviewed:
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