Guardianship process

Shoolby

 When a child turns 16, they are classed by the state as being an adult and having the capacity to make their own decisions. What then, if your child lacks the capacity, what then? We were advised to apply for Guardianship. Has anyone here completed this process and how was it?

janer1967

Hi and welcome to the community 

There have been several posts about this you kay find them in parents section 

From reading them it isn't easy and very expensive 

SteveE

Shoolby said:

 When a child turns 16, they are classed by the state as being an adult and having the capacity to make their own decisions. What then, if your child lacks the capacity, what then? We were advised to apply for Guardianship. Has anyone here completed this process and how was it?

What a great question! The only process I know about is Deputyship under the Court of Protection. And as already mentioned, it is not cheap, with ongoing costs for renewal. We are currently looking to do this but time to complete the forms is not easy to find. Neither is it easy to find the potential £1300. Hope you can find a quicker, easier and no-cost solution.

anisty

A very handy and comprehensive link about applying for guardianship in Scotland

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

anisty

Just had a listen to podcast number 2 on the site i linked above - this is WELL worth a listen for any of you with 15yr olds - it has info in on being a DWP appointee and the importance of opening a 2nd bank account for your child BEFORE they turn 16 (you cant do it once they turn 16) to keep their benefit money seperate.




Also - i think guardianship is only available in Scotland.


Does anyone know about this?   There seems to be something different in England and Wales.



Podcast number 2 though is relevant wherever you live if you have a teenager under 16 who lacks capacity.

anisty

Having now listened to all 3 podcasts, they are all excellent. Especially numbers one and two.


To find them, open link in post above, select "news" and you will see the 3 there.


In England, from what i have managed to find out just by googling, there seems to be EPA and LPA (enduring power of attorney and lasting power of attorney)


I assume parents of young disabled adults in England and Wales face the same trouble we do in Scotland once a young person reaches 16yrs - namely that the receptionist at the gp will not speak to you about your child any more because they are adult in law and neither can you open a bank account for them or talk to banks about your child's account.

In fact, there are all kinds of problems.


So - the 3 podcasts explain very clearly what kinds of problems you might come up against and what powers you can seek in Scotland via guardianship.

Also talks about dwp appointee in podcast number 2.

anisty

Ps - i will just add here for any readers in Scotland - do not be put off by cost.


Basically, you have 'in court' costs and 'out of court' costs


As long as you are applying for welfare powers (welfare alone or welfare with financial) you WILL qualify for legal aid, regardless of income for the in court costs.


Out of court costs are the costs due to your solicitor for the preparation work. These are means tested on your young adult's finances  (Not yours, as parents)

If your young adult has no savings and is supported by benefits, they can qualify for legal aid for this part too so the whole thing can be done at no cost at all.



If your son/daughter does not qualify due to savings, then it is perfectly correct to take the cost from their own money to pay.


Therefore - for you as a parent, no cost. Out of court costs in scotland currently are around £500 plus vat.



******* very important ********



Before engaging a solicitor - check they offer legal aid. Not all solicitors do.

SteveE

anisty said:

Having now listened to all 3 podcasts, they are all excellent. Especially numbers one and two.


To find them, open link in post above, select "news" and you will see the 3 there.


In England, from what i have managed to find out just by googling, there seems to be EPA and LPA (enduring power of attorney and lasting power of attorney)


I assume parents of young disabled adults in England and Wales face the same trouble we do in Scotland once a young person reaches 16yrs - namely that the receptionist at the gp will not speak to you about your child any more because they are adult in law and neither can you open a bank account for them or talk to banks about your child's account.

In fact, there are all kinds of problems.


So - the 3 podcasts explain very clearly what kinds of problems you might come up against and what powers you can seek in Scotland via guardianship.

Also talks about dwp appointee in podcast number 2.

Interesting stuff - thanks. The problem we have here in England with the Power of Attorney route is that applications cannot be made by someone who already lacks capacity (in our case our son who has never had 'capacity').  So the Court of Protection seems the only process we can follow. We've got no further  here due to illness.

Steve

anisty

@SteveE - that's the same as in Scotland then. That's how we have ended up going through the guardianship process (you can follow our journey so far on my other thread posted in coffee lounge)


Because we couldn't be sure our son had capacity to appoint POA, we had him assessed and he was found to lack capacity.
(our son has never had capacity either)

You might find the podcasts interesting and relevant if the process in England is similar with a different name.


I'm sorry to hear your son is ill currently.

SteveE

anisty said:

@SteveE - that's the same as in Scotland then. That's how we have ended up going through the guardianship process (you can follow our journey so far on my other thread posted in coffee lounge)


Because we couldn't be sure our son had capacity to appoint POA, we had him assessed and he was found to lack capacity.
(our son has never had capacity either)

You might find the podcasts interesting and relevant if the process in England is similar with a different name.


I'm sorry to hear your son is ill currently.

Thanks @anisty 

@anisty

ps thankfully our son is fine , it was me who fell ill   but slowly recovering, although it has shown us how vulnerable our lad is, since nothing stays the same, forever. 

Shoolby

Thanks @anisty and @SteveE for responding to my question.

Whatever process you decide on, is very time consuming. Most of the literature concerning the various Acts and legislations, are heavy reading, complicated by the constant use of legal jargon.

S

anisty

Finally!!!


By complete accident, I have stumbled upon the English(andWelsh) equivalent of guardianship!


It is called Legal Deputyship.

Here is a link explaining all about it


https://www.gov.uk/become-deputy

anisty

@Shoolby - I can certainly imagine this would be a difficult thing to apply for as a parent but, via a solicitor, we have found it very straightforward.

We haven't had to do much at all really; it's all been done for us.

SteveE

anisty said:

Finally!!!


By complete accident, I have stumbled upon the English(andWelsh) equivalent of guardianship!


It is called Legal Deputyship.

Here is a link explaining all about it


https://www.gov.uk/become-deputy


@anisty Thanks again. Yes this is the Court of Protection route we are (slowly) following.

Steve 

anisty

Ah! Then we are doing the same sort of thing @SteveE🙂


The guardianship is practically the same. We aren't applying for financial powers - only welfare.

The dwp appointee seems to work for us and the financial guardianship seems very onorous in terms of book keeping so I'm glad we won't need that.


Keep us posted as to how yours goes. Ours is at the stage of all papers having been lodged with the court and waiting for a hearing date.

Shoolby

We are ahead of you both in the process, thankfully. It was a roller-coaster of emotions with loads of paperwork to read. Yes the solicitor does most of the work in legal forms, yet you have to prove that you are the best option for the individual in question.

Applying for Financial powers means you have to record where every penny is spent. This is checked annually.

Welfare powers, are still important and you have a duty to ensure their needs are met.

You have to apply every 3 years for Guardianship.

Any questions, I will try to help.

Shoolby

anisty

Thanks, @Shoolby👍

anisty

@steveE @Shoolby

3 year guardianship was granted to us today.

Lou67

@anisty
Oh that’s great news, Iv been following your posts, I’m so pleased it’s now sorted out for you and your family.

❤️

Alex_Alumni

Thanks for your update @anisty, lovely to hear this! How are you feeling about it all?

SteveE

anisty said:

@steveE @Shoolby

3 year guardianship was granted to us today.

Great news! And well done.

Steve E