Guardianship

[CatAM]

My husband is in an acute dementia hospital ward. He has been there just over 2 years and is the subject of a Compulsory Treatment Order (we're in Scotland) partly due to escaping from a care home 4 times and aggressive behaviour. I have Power of Attorney. I have now been told that a Guardianship order would be more suitable. The problem is his personal care, it takes 3/4 carers to change him, he can kick out, headbutt and generally put up resistance. He is no longer considered a flight risk which is why the Section Order is no longer applicable.i have looked at the Guardianship website but seems to relate mainly to financial matters. This is already covered in the power of Attorney. Apparently the Guardianship Order would cover the personal care. It seems quite complicated, I have to get a solicitor as it needs to go through the court. Does anyone have experience of this?

 

[nitram]

Try asking

National Dementia Advisor Service | Alzheimer Scotland

www.alzscot.org

 

[Izzy]

I’m sorry I have no experience of this but I agree with @nitram, call the Alzheimer’s Scotland Helpline and ask for advice. They’re open 24/7.

Age UK Scotland also has a helpline -

Helpline | Age Scotland

Our helpline is a free, confidential phone service for older people, their carers and families in Scotland.

www.ageuk.org.uk

I hope you can get some support.

 

[sdmhred]

I’m aware of guardianship in social care. Ive seen it being used to legally keep people who lack capacity in appropriate accommodation/ care, but it may be different in Scotland. do call for more advice, but I would hope you wouldn’t be left to do it yourself.

 

[CatAM]

I’m sorry I have no experience of this but I agree with @nitram, call the Alzheimer’s Scotland Helpline and ask for advice. They’re open 24/7.

Age UK Scotland also has a helpline -

Helpline | Age Scotland

Our helpline is a free, confidential phone service for older people, their carers and families in Scotland.

www.ageuk.org.uk

I hope you can get some support.

Thank you, I'll do that. It was sprung on me today so still trying to take it in!

 

[jay6]

Sorry @CatAM can't help with that one but hope you manage to find out soon, must be another worry you don't need. ((hugs))

 

[canary]

HI @CatAM
In England the equivalent to guardianship is deputyship (I had deputyship for mum), but it is not usually awarded for health and welfare matters, only for finances. When there is no POA and the person has lost capacity, health and welfare matters are decided by a Best Interest meeting of involved professionals plus main carer. If there are disputes, they are resolved by the Court of Protection.

I dont know what the procedure in Scotland is, though.

 

[CatAM]

It's all a very steep learning curve!!!

 

[jay6]

It's all a very steep learning curve!!!

Its certainly that alright. Stay strong.

 

[CatAM]

Update. Discovered I did have welfare power of attorney but not specific enough so going for Guardianship. It has to cover the fact that he has to be restrained most times for personal care, has to be in place for his safety. I have contacted our solicitor to get things moving. To be fair both the consultant and MHO have said they will will prepare any reports needed and happy to talk to the solicitor so hoping this will make the process easier. Thanks for your support!