Scotland guardianship

Roland_Sausage

I hope this is the right forum for this, apologies if it is not

My mother-in-law was admitted to hospital at the weekend having suffered a massive stroke. She is alive but completely unresponsive and things are not looking good. We are not sure what will happen next, whether there will be a partial recovery or the worst will happen.

She only has one child - my wife and no power of attorney was in place. She has little in the way of assets - she lives in a council house and was claiming benefits. There may be a couple of thousand in savings in her bank account, but nothing of significance.

While she is still alive, my wife is going to need to sort out various things like paying her bills, speaking to the DWP about her benefits, etc. We are in Scotland and have seen that she may need a Guardianship. Is this the most appropriate thing here, or is there anything else that is more appropriate in this circumstance? Can my wife obtain this without engaging an expensive solicitor?

Is there a timescale for obtaining a Guardianship? I am conscious of the fact that she may not have time as my mother in law could pass away before it is sorted out.

Keep_pedalling

It would be the correct thing to do, although I suspect like in the rest of the UK the Scottish courts are backlogged and it would be a long process (several months at least).

You wife can do this without solicitors, and as her mother is on benefits she probably qualifies for court fee exemption as well.

https://www.publicguardian-scotland.gov.uk/guardianship-orders/forms

Savvy_Sue

I am sorry for the difficult situation you find yourself in, but I suggest your wife can take a deep breath, step back and not worry about unpaid bills. Take time to see how her mother is getting on, speak to the doctors about whether recovery is possible or likely, and act accordingly. 

I know you have to let DWP know if someone is in hospital for more than a certain period. If they won't speak to your wife on the phone because she doesn't have authority / guardianship, then she should ask how they would like to be informed of the situation - possibly writing a letter will be necessary. 

Same with the council and her bills: "my mother is in hospital, I do not have access to her accounts, please note that all bills will be settled once I have that access."

she should ask herself "what's the worst thing that can happen?" And the answer is "nothing will happen very fast, by which time we will know if Mum is going to survive, and if she is then we can consider whether she will be able to return home."

I presume you wife can access her mum's house to check the post? 

Roland_Sausage

Savvy_Sue said:

I am sorry for the difficult situation you find yourself in, but I suggest your wife can take a deep breath, step back and not worry about unpaid bills. Take time to see how her mother is getting on, speak to the doctors about whether recovery is possible or likely, and act accordingly. 

I know you have to let DWP know if someone is in hospital for more than a certain period. If they won't speak to your wife on the phone because she doesn't have authority / guardianship, then she should ask how they would like to be informed of the situation - possibly writing a letter will be necessary. 

Same with the council and her bills: "my mother is in hospital, I do not have access to her accounts, please note that all bills will be settled once I have that access."

she should ask herself "what's the worst thing that can happen?" And the answer is "nothing will happen very fast, by which time we will know if Mum is going to survive, and if she is then we can consider whether she will be able to return home."

I presume you wife can access her mum's house to check the post? 

Many thanks for this, and also thanks to Keep_pedalling for the forms.

I have had a look at the forms, and the process generally seems to relate to when there is property, investments and other financial assets involved. My mother in law has nothing like this. The only reason she has any savings was due to hardly leaving the house.

Yes, you are correct. There is probably no need to rush into this. We should see how things do first before doing anything. We will let the DWP know, but as you said, there is no need to worry about the bills at this stage.

Yes we have keys for the house so can check the post.

Savvy_Sue

But you said your MIL has maybe a small amount in savings - those are surely financial assets? Without the guardianship, I anticipate that your wife won't be able to access any of the accounts. 

After a person dies, banks may allow the executor (if there is a will) or whoever applies to administer the estate to claim the funds without applying for probate / letters of administration (but caveat, the system may be different in Scotland). 

Also, have the bills been piling up? are there rent arrears? If there are - and I say this sympathetically - your wife needs to make sure that your MIL's estate will be solvent before she starts paying anything that's owed, either now or after death. 

Roland_Sausage

Savvy_Sue said:

But you said your MIL has maybe a small amount in savings - those are surely financial assets? Without the guardianship, I anticipate that your wife won't be able to access any of the accounts. 

After a person dies, banks may allow the executor (if there is a will) or whoever applies to administer the estate to claim the funds without applying for probate / letters of administration (but caveat, the system may be different in Scotland). 

Also, have the bills been piling up? are there rent arrears? If there are - and I say this sympathetically - your wife needs to make sure that your MIL's estate will be solvent before she starts paying anything that's owed, either now or after death. 

She does have some savings but we are unsure of the exact amount. I would estimate £2000 to £3000 at the moment. I suppose that this does count as a financial asset.

I don't think there will be any rent arrears at this stage. She is getting housing benefit and I think due to the various benefits she was receiving, and not spending much, she hasn't been struggling financially, although she did say her savings have been dwindling a bit recently due to the cost of living increase.

elsien

Your wife can apply to be appointee for benefits/state pension and have the money paid to her. That is likely to be quicker than guardianship (although in England you’re still talking 8 weeks plus) but it would give some access to money if your MIL hangs on in there but doesn’t regain capacity to manage her own affairs.