Scottish Government

DWP Appointeeship

The Department for Work and Pensions can appoint someone else to receive a person's benefit and use the money to pay expenses such as household bills, food and personal items. This can be arranged through a system known as an appointeeship. An appointee does not have the authority to deal with capital or other income belonging to the person. Appointees can only deal with the income from benefits, except in the case of small amounts of savings which can be used to meet unforeseen emergencies.

Guardianship Order

A court appointed order under the Adults with Incapacity (Scotland) Act 2000 appointing a person to manage the financial and/ or welfare affairs of a person deemed unable to manage such matters. A guardian may make ongoing decisions and orders generally last three years.

Section 94 of the Mental Health (Scotland) Act 1984.

Section 94 allowed administrators of hospitals to manage the funds of patients who are liable to be detained under the Mental Health (Scotland) Act 1984, or who are receiving treatment for mental disorder. There is no equivalent legislation to authorise the managers of other care establishments to manage the finances and property of incapable residents.

Power of Attorney ( POA)

Gives authority to a named person to make decisions or actions on behalf of an individual when the person is unable to make decisions relating to their health, welfare, money or property. The individual decides, while they are still capable of understanding what they are doing, who will act as their attorney and how incapacity is to be determined in relation to decisions about the matters to which the power relates.

Authorised Establishment

An establishment authorised and registered by a Supervisory Body. These may include NHS Hospitals; The State Hospital; Independent Hospitals; private Psychiatric Hospitals; Care Home Services and Limited Registration Services.

Supervisory Body

Have responsibilities for authorising and supervising establishments. NHS Boards, State Hospital Board and The Care Commission are Supervisory Bodies under Part 4 of the Act