Temporary incapacity
In exceptional circumstances an agent may be required to act on the client's behalf due to the client being temporarily but totally incapacitated, for example if the client is in a coma.
To be appointed as an agent in such a situation, the person must be able to demonstrate that they have a close personal relationship to the client, such as being a family member.
In these circumstances, the agent may:
- complete application forms on behalf of the client and
- supply relevant personal information about the client to enable assessment of their entitlement to benefits, for example details of income and assets
The use of such an agency should be made carefully, and should only be in place for the period of time it takes to ensure the client's immediate needs are met.
Generally, for long-term or complex cases, you should recommend that the client's agent apply to have their role confirmed by the Court. Consult your Service Delivery solicitor if you are unsure about this.
For the guidelines to follow when appointing an agent due to the client being temporarily incapacitated, see:
