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Agents : Contents

Guidelines for clients who are incapacitated

When a client is temporarily or permanently incapacitated, an agent may be appointed to undertake various tasks on behalf of the client, for example completing an application for a benefit, or a Confirmation of Circumstances form.

As the client is unable to immediately verify any information provided by the agent it is important that these guidelines are followed.

The agent's role should be limited to the minimum rights and responsibilities that they require to assist meeting the client's immediate needs with Work and Income, Senior Services or Housing Assessment.

Medical evidence required

The Ministry of Social Development must be supplied with written advice from a registered medical practitioner or other health professional, verifying why the client is unable to sign the application form and stating the likely period of incapacity.

Information required from agent

The person applying to be appointed the client's agent needs to:

  • state what their relationship with the client is
  • prove that they have a close personal relationship to the client such that the Ministry of Social Development can be satisfied that they are able to 'act on behalf of' the client in these circumstances and
  • provide two forms of identification for themselves

Adding agent details

You must add the details of the agency to the client's CMS record, select the rights and responsibilities the agent is being granted and add notes in the comment field of the Agent to include details of:

  • the client's incapacity, including the period of time they are expected to be incapacitated and the name of the authority who provided the medical evidence
  • the nature of the relationship between the client and the agent, and the evidence to support this and
  • for what purpose they need these rights and responsibilities

Client regains capacity

When the client is no longer incapacitated, the agency relationship should be stopped. If the client wishes for the agent to continue in this role, then they will need to apply.

Verification of information

If the information that was provided by the agent is incorrect, you will need to review the client's entitlement to a benefit, if appropriate.

On-going incapacity

If the incapacity is ongoing or if the client's affairs are particularly complex, you could ask the family to consider that an agent appointed by a Court Order is established. However, you cannot insist that this is done. Consult your service delivery solicitor if you are unsure about this.

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