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They say I lack capacity over my money?

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williewonder
williewonder Posts: 416 Forumite
Fifth Anniversary 100 Posts Name Dropper
edited 9 May 2021 at 10:48PM in Disability money matters
this is from the psychologist from the intellectual disability tream. I already live in supported living. If they say I lack capacity about money. Can they get a duputy on me. I think they want to do this but I kicked off. Especially since I continue refusing taking the forced antipsychotics they force me to take as I don't have anything wrong with me.

What would they need to prove to get a deputy on me? I already have a appointeeship with social services. Already they are stealing my money and as they say I lack capacity they won't give me my money back. 

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  • elsien
    elsien Posts: 36,127 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 May 2021 at 11:10PM
    Appointee ship is only for benefits. 
    A deputyship would usually be where someone had enough assets to make it worthwhile with the ongoing costs. 
    So in part it depends what your financial situation is aside from benefits.
    Taking or not taking medication is irrelevant unless that impacts on your capacity. 
    If it comes to it with regards to a deputyship and you want to challenge the capacity assessment you would probably need legal advice and an independent capacity assessment. 
    An appointee is unlikely to be stealing your money; if it’s a paid appointee it will be in their corporate account. Managing your money for you does not mean giving it all to you as that would defeat the object. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • williewonder
    williewonder Posts: 416 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    My housemate in the group home is on benefits and they have a deputy on him from social services. He has less money then me.
  • elsien
    elsien Posts: 36,127 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 May 2021 at 8:16AM
    In my area social services would not act as deputy. The appointee service (also not social services) would refer to a solicitor to be deputy if required. Hence the need to enough money for it to be worthwhile because there is an ongoing annual cost to the CoP and also the solicitor fees. Having said that, it is the only legal mechanism for getting access to people’s bank accounts if they have thousands in there, or they have a house to sell, etc, 
    As you probably know not all benefits are means tested so people can be on benefits and still accumulate a sizeable amount of savings. 
    But you can still challenge should it come to it. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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