I am looking at becoming his deputy for his health and welfare.

System

This discussion was created from comments split from: Warm welcome to Tuesday's newbies!.

XXfoggy

Great talking with you all and thank you for messages.

I am looking at becoming his deputy for his health and welfare. This should have been done years ago, possibly. I didn't understand about mental health capacity.

Any advce on this one?

XXfoggy!

Holly_Scope

Hi @XXfoggy I hope you don't mind but I've created a new discussion from your comment so it's easier for members who might have some useful insight to find this. 🙂

XXfoggy

That would be great!

Kimi87

Does he have capacity to understand what a Lasting Power of Attorney is, and consent to having one?

If so it's quite easy to do yourself by filling in the forms, printing them off and getting them signed. No need for a solicitor.

If he doesn't have capacity to understand & consent, then you would apply via the Court of Protection to be his Deputy. This is more expensive and takes longer.

XXfoggy

Having read through the application for 'Power of attorney', I think that my son's ability to understand the information required may be a bit of a grey area. When we've had to take him to the bank for example, he can tell them what his name is and his address with prompting.

He will then go on tell the person about his girlfriend and get his photo's out!!

He really doesn't understand what he is saying yes/no to.

As I understand it, for power of attorney, he has to be the one to instruct someone else to take on this role BEFORE they lose mental capability, ie being aware of what he/she is asking for?

This isn't the case, therefore I looked at guardianship. Yes, it seems very long and complicated and expensive. I wouldn't mind a person checking to see if I'm doing it correctly. (In a way it might help me to sleep at night!)

Thanks again

XXFoggy

anisty

Guardianship only exists in Scotland as far as I know. I thought Lp of A was the English equivalent.

I have a guardianship for my 26yr old son and i wrote all about my steps to getting this on Scope back in 2023. Will see if i can link my earlier thread in.

In my thread was a podcast link which explains all about capacity. Capacity is not an all or nothing thing. The vast majority of people have capacity for some decisions, but can lack capacity in others.

anisty

Ps you are right on Pof A - a person must have capacity to be able to grant it.

The costs of getting a guardianship can be fully taken from the estate of the person that needs the guardianship

anisty

https://forum.scope.org.uk/discussion/101747/guardianship

anisty

https://pcls.org.uk/about/#

Ok if you open this link and select parents first.

Then select "latest" you will see some podcasts. The one about capacity is worth a listen for anyone looking out for a person who might lack capacity.

Although the site is geared towards Scotland, the stuff on capacity is relevant for all.

(Once you select parents by opening the menu using the horizontal lines on right, scroll down to the bit 'for organisations'

Latest is there - click that and you will see the podcasts each with a musical note by them