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Agents : Contents

Process for appointing an agent

When considering a request for an agent to be appointed, you need to take the following action:

Step 1. Determine that the agent is appropriate

A client has the right to appoint any individual or organisation as their agent, however in rare cases the chosen agent may be inappropriate. In such cases Work and Income, Senior Services or Housing Assessment have the discretion not to deal with an agent.

For more information see:

Step 2. Client's consent and understanding

Generally, the client's informed consent is required before we can deal with an agent. You need to ensure that the client approves of the agent, and is aware of what rights and responsibilities they are agreeing to give the client.

Exceptions

The cases where the client's informed consent is not always required are:

  • where the agent has been appointed by a Court Order made under the Protection of Personal and Property Rights Act 1988
  • where the client is temporarily incapacitated, and in certain circumstances it may be appropriate for you to appoint an agent without their informed consent

If the agent holds an Enduring Power of Attorney, the client has given prior consent.

Step 3. Obtain the agency in writing

The Ministry of Social Development requires the agency authority in writing. You should encourage the client and the agent to complete the Ministry of Social Development "Appointment of an Agent" form.

You may also accept any agency privacy waiver or similar document which describes what information can be shared and under what circumstances. For example, when a client appoints a beneficiary advocacy group or beneficiary advocate to act on their behalf.

It must also:

  • name both the client and the person (or organisation) being appointed agent and
  • be signed by both the client and the agent and
  • confirm exactly what rights and responsibilities the agent is being granted

You also need to ensure that the agent provides 2 forms of identification for themselves.

In certain situations the client may be unable to complete the form, due to either the appointment being made without their informed consent (such as a Court Order being made), or the agent holding an Enduring Power of Attorney). Also, in certain situations of temporary agency it may not be relevant or possible to have the agency in writing, for example telephone conversations.

Add the details of the agent to the client's CMS record.

For more information see:

Step 4. Record the agency in CMS

You will need to add the details of the agency to the client's CMS record. In cases of temporary agency, a standard note in CMS should be completed.

If the client has appointed more than one agent, you will need to create a separate "agent record" for each agent.

For more information on what needs to be recorded in this note see:

See also:

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