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Adult Social Care Appointee and Court Deputyship Service | Birmingham City Council

Adult Social Care Appointee and Court Deputyship Service

If someone lacks the mental capacity to manage their money and is incapable of managing their finances, the Mental Capacity Act 2005 sets out who can make decisions on their behalf.

What we mean by incapable

Labelling a person as incapable of managing their own finances is a serious matter. It should never be done without looking at the whole situation.

There is a difference between people who are incapable of handling their own finances and those who have physical difficulties doing so, for example, because they cannot physically get to the bank or building society.

Where a person has the mental capacity to manage their finances, we have no legal right to be involved in managing them.

A qualified person must look at the person’s situation in detail (through an assessment) before deciding the person is incapable.

Everyone’s circumstances will be different. Generally, a person could be considered incapable of handling their own financial affairs if:

  • they have a mental health illness, dementia, brain injury or learning disability

and

  • after a mental capacity assessment, it appears they do not understand the value of money or are unable to make informed decisions about how to manage/budget it

Appointee and Court Deputy Team

If the person has no friends or family to assist, or has been deemed to be at risk of financial abuse, our Appointee and Court Deputy Team may be able to take over responsibility for:

  • receiving benefits
  • paying bills
  • repaying debts
  • budgeting, and so on

The aim of the Appointee and Court Deputy Team is to serve as a last resort for people who lack the mental capacity to manage their finances and have no family or friends to look after their affairs.

We will try to safeguard them by making sure that:

  • they have sufficient money provided as a personal allowance for regular expenditure
  • we protect their financial wellbeing
  • all bills are paid punctually

We will manage their benefits, pensions, and other income in accordance with the rules and regulations of the Department for Work and Pensions (DWP) and the Court of Protection.

We will always make decisions with the best interests of the person in mind.

What we can do when dealing with someone's financial affairs

The team accepts referrals from social workers within Birmingham City Council.

Once it is agreed that the Appointee and Court Deputy Team will manage someone’s financial affairs, we will:

  • make applications to the Court of Protection and the DWP to give us the authority to act and make decisions on the person’s behalf
  • maximise the client's state benefits
  • agree on a weekly budget for the person
  • pay any debts
  • set up direct debits for any regular essential bills
  • monitor the person’s finances
  • liaise with the Court of Protection, Benefits Agency, financial institutions, utility providers and other linked companies

Why we apply to the Court of Protection

We manage certain cases through the Court of Protection, depending on their complexity.

This means we can make sure that people with savings and assets, such as private pensions, are protected and that appropriate decisions are made on their behalf, including the ability to sign tenancy agreements and other legal documents.

The Court of Protection will monitor and supervise the deputy to make sure they act appropriately and in the client's best interests.

Service cost

We charge for deputyships in line with the Court of Protection's practice directions for local council deputies.

A one-off account finalisation fee of £350 may apply. This fee covers the costs of securely closing the account and ensuring compliance with applicable financial and operational requirements.

What we will not do

  • Manage the financial affairs of anyone who is mentally capable of doing so for themselves, even if they need some help from support workers.
  • Be responsible for delivering cash directly to clients.
  • Take over any of the responsibilities of the care manager or social worker.

Occasionally, we may not have the resources or expertise to be able to take on or retain cases that meet certain criteria, such as:

  • high value - for example, net assets over £50,000 and/or owning property
  • complexity
  • litigation/legal issues
  • overseas assets

In these cases, if and where it is deemed to be in the person's best interests, we may signpost the case or apply to the court for a panel deputy or professional deputy to be appointed. A panel deputy is a company approved by the Court of Protection to deal with a person's property and finances as a Court Appointed Deputy.

A professional and a panel deputy’s fees may be higher than the fees we can charge. This is because they handle more complex, higher-value cases.

We will only consider the use of a professional or panel deputy where there are complex issues deemed outside of our remit or expertise, and where it is felt to be in the person's best interests.

Ultimately, the Court of Protection will decide who can become a deputy.

Page last updated: 15 July 2026