Gaurdianship needed even when we have POA?

[Brendan2000]

My mother was recently found wandering the streets with no coat and slippers n this weather. She went missing for two hours. And is trying to get out of my sisters house again. She needs 24 /7 care and hasd been offered a care home place subject to a 2 week psychiatric assessment, They came to pick her up a few days ago but she refused to go. So they said she will need a doctors certificate/ opinion and then we will have to apply for guardianship? POA doc says we have the right to decide her accommodation and safety. So why do we need to apply for guardianship? How long does it take? And what is involved?

I would be grateful for any information?

Thanks

 

[Bunpoots]

Hello @Brendan2000

I haven’t heard of guardianship being needed all I needed was POA for H&W but dad had been judged to have lost capacity by then.

Are you in the UK?

This sounds like a safeguarding issue to me and SS need to know that you will hold them responsible if anything happens to your mum. Obviously the situation is urgent - even more so at this time of year.

A lot of people have a PWD who refuses to go to a carehome and they have to pretend that it’s just a hotel for a holiday or make up some reason why they need to go into the home for a short while.

 

[canary]

Do you have POA for both finances and health and welfare?
If you have both then I cant see why you need to go through the Court or Protection for deputyship. This is what you do in England if you dont have POA, but the court very seldom issues H&W deputyship. Instead they look at issues on a single issue basis, so if you are in UK and dont have H&W POA, this might be what is being referred to.

Like Bunpoots, though, I am wondering whether you are in UK or not.

 

[Rosserk]

Guardianship they might be talking about is with Social Services my mum had it for my father but she didn’t have power of attorney. She didn’t have to wait for it she had it almost immediately. Contact SS and tell them what @Bunpoots said it’s definitely safeguarding issue! That is of course if you’re in the UK

 

[Brendan2000]

I am in Scotland,

Its an unusual situation as its my brother and sister that has the POA. Although I have been my mothers main carer for 5 years. I had to get them involved by force as I had a breakdown through exhaustion. During that time they took my mother to a hospital appointment to get a growth removed from her arm. They needed POA. I tried to get my mother to sign forms a few years previously when she was of sound mind but she refused. She is no way of sound mind I suspect they pushed it through fast because of the medical urgency. And they gave it to my brother and sister who have made mistake after mistake. But they won't put me on it. I have to watch them screw just about everything up. SS are a nightmare and you have to be pretty sharp to deal with them. They have walked into one thing after another.. Its been a really stressful time. I have a copy of the POA it says they have the say on my mothers accommodation and treatment. So it looks like they should be able to make that decision if a doctor agrees my mother can't make the decision for herself and may harm herself. She went missing for two hours the other week with no coat and in her slippers and was lucky somebody found her and took her into their home. |She could've died with hypethermia . I have been desperately trying to avoid this happening. And have been so frustrated watching them mess things up.

So I am wondering if its just another example of them screwing this up? Or do they sometimes require an additional Guardianship? Googling it I found an emergency Guardianship can be granted in only 2 days? My mum has the offer of a care home to go to. She would never agree to go to a care home in any context. And will have to be forced against her will. Which is quite upsetting but there is no other way.

 

[Bunpoots]

My dad was sectioned for his own safety while he was in hospital @Brendan2000 (because I had his house keys and wouldn't let him home as he wasn't safe there). He never had a clue about it but I managed to get him into a carehome and safe. If you get the opportunity maybe it would be possible to do the same for your mum if there really is no other way.

Dad couldn't walk by this time though so he didn't try to walk off. I told him it was until he got better.

 

[canary]

I am in Scotland

Thank you. Guardianship in Scotland is the same as deputyship in England.
As your children hold POA it should not be necessary to get guardianship, but it sounds like they do not really know what they are doing. They cannot add you to the POA - that has to be done by your mum and if she has lost capacity it is too late. Do your children not want her to go into a care home? This might be why SS want to involve the Court of Protection.

It sounds a very complicated situation and I think it would be a good idea to phone the Alzheimers society helpline tomorrow
0300 222 11 22
Monday to Wednesday 9am – 8pm
Thursday and Friday 9am – 5pm
Saturday and Sunday 10am – 4pm

 

[Brendan2000]

Thank you. Guardianship in Scotland is the same as deputyship in England.
As your children hold POA it should not be necessary to get guardianship, but it sounds like they do not really know what they are doing. They cannot add you to the POA - that has to be done by your mum and if she has lost capacity it is too late. Do your children not want her to go into a care home? This might be why SS want to involve the Court of Protection.

It sounds a very complicated situation and I think it would be a good idea to phone the Alzheimers society helpline tomorrow
0300 222 11 22
Monday to Wednesday 9am – 8pm
Thursday and Friday 9am – 5pm
Saturday and Sunday 10am – 4pm

Its my brother and sister. That have POA. They have been in denial for last few years. My brother refuses to take my mother for a single night despite having 3 spare bedrooms. My sister blocked me getting my mum on the list a couple of years ago by promising she would leave her job and look after her at her home. Ironic thing is my sister works with dementia in a care home. I had my mother an extra year before having a second breakdown much worse than the first. My sister took my mother but it only lasted 6 weeks then they tried to force her back on me. By this time they had POA. I reached out for help with SS and they went to my sister and tried to force her in here in the middle of a break down. I managed to keep it together in order to force my sister to look after her. After a only a few weeks my brother and sister now realizes she needs a care home. But they have made such a mess of things even let social services talk her into getting her on the HOMELESS LIST WITH ONLY 8 POINTS. You have no idea. The whole family are in denial and are trying to push all their guilt onto me. I've been ostracized from the family. No one talks to me as I've been painted as the bad one. And no one cares about my mental state in fact its as if I don't exist as a person. Its took me months to pull myself back from the latest breakdown.My mother is screaming to come back home to me. My brother and sister realized my mum needs into care and they got her a place which has been accelerated after her going missing. But they just seem to walk from one disaster to the next. Even on the day they were coming for my mum they got her to call me and beg me to "save" her. When I asked to talk to my brother he screamed down the phone it was my fault and screamed "****ing die" down the phone before hanging up. Not very helpful for my mum who is going into care. They have been abusing POA ever since they got it. But the SS have been absolutely awful and I have an ongoing complaint going on against them. Its a nightmare my family are just spineless and useless.

They have taken what is a really horrible time and made it a living nightmare. And prevented me from going about things in the correct way in order to do the best for my mother. I can only sit here and wait for updates via text from my brother.