Guardianship Order

whambam

Anyone been down this road. I have power of attorney for my brother, however I require a guardianship order to apply for direct payments.

pmlindyloo

whambam wrote: »

Anyone been down this road. I have power of attorney for my brother, however I require a guardianship order to apply for direct payments.

I am sorry but I don't understand your question.

If you already have power of attorney for your brother why do you need a guardianship order?

Powers of Attorney are done when the person has the mental capacity to agree to one. Guardianship is done when the person doesn't have the mental capacity to agree to a Power of Attorney.

Can you explain?

sheramber

What kind of Power of Attorney do you have?

Has it been registered?

Have you asked DWP why the Power of Attorney is nor sufficient?

See this Which article https://www.which.co.uk/elderly-care/financing-care/financing-care-at-home/349161-personal-budgets-and-direct-payments

whambam

Its a dual power of attorney but can be used by any 2 of the single persons without the others approval.

Yes.

It's not the DWP that deal with direct payments it's The local council/authority.

sheramber

Did you read the link I gave?

Have you got a Lasting Power of Attorney?

What if I need to act on behalf of my relative because I have a power of attorney?
If you have a Lasting Power of Attorney (In Scotland, Continuing Power of Attorney for financial matters and Welfare Power of Attorney for health and welfare), local authorities must offer the personal budget to you to act on behalf of your relative. Guidance for local authorities outlines the process to be followed, so you will need to discuss this with your relative’s social worker.