Adults with incapacity - Scotland - what does it mean?

[adultswithincapacity]

Mum, 56, multiple long term mental health stuff going on - diagnosis of functional neurological disorder and depression and ?EUPD . I was her carer from age 5 through to age 29, I’m now 30 . She’s been living with her mum for the last three months .

Social work are saying Mum needs care four times a day, and might need power of attorney or welfare and financial guardianship depending on if she has capacity or not . She has to have a capacity assessment.

Mum a bit worried as am I (as nothing’s really being explained to either me or her) ... all I can figure out from google is if she gets financial guardianship order she’s not allowed to make decisions at all . She’s a bit worried that means that for example, if she wants to get a take away shell have to ask for permission, and I’m worried we wouldn’t be able to socialise any more unless I pay for everything .

At the moment for example we are going out shopping tomorrow, going for lunch and mum said she wanted to get my sister a couple of Christmas presents ... we are also going out to pantomime in a month and going for lunch ... if say six months down the line she’s deemed not to have capacity to make decisions does that mean I’d have to formally ask for permission from guardian before she’s allowed to make those choices?

I’m not sure I’m understanding it all correctly . I sometimes think I should have stayed my mums carer and not for social work involved, but I was so bloody tired and making myself ill and I got the chance of getting a good career ...

Y sister was deemed not to have capacity a few years ago but I cannot remember what the procedure was there . I don’t remember if we had to be so meticulous with her, I don’t think so .

No it doesn’t. I know the Scottish system is a bit different from England and Wales but I would recommend the looking at the government leaflets about being a deputy. Essentially, it’s about supporting the person to make decisions where they can’t, and acting in their best interests when you need to make a decision on their behalf.
www.gov.uk/government/publications/deputy-guidance-how-to-carry-out-your-duties

Where they can, sorry, rather than where they can’t!

Don't look at English information. Look at the site for the Office of the Public Guardian in Scotland. If mum /you are on benefits, you can get Legal Aid to deal with Power of Attorney. If she needs a guardianship, Legal Aid will cover. It is normal for a family member to be appointed as Attorney or Guardian. I think the Social Work are probably interested in having someone appointed as a Welfare Attorney or Guardian. This is so there is someone able to make decisions about care if your mother ever became too incapable to make her own decisions. They seem to suggest it to everyone who is elderly or suffering from serious health conditions. 4 visits a day is a lot for someone who is not house-bound. They must think she needs a lot of help. Would residential care be an option? Perhaps it's too much for your gran to cope with. You can also get Financial Guardianships and Powers of Attorney. Neither automatically means that your mum would be denied access to her own money if she is fit to manage it. I strongly recommend you take advice from a solicitor. Don't be bounced into being the Attorney or Guardian. If it's essential, the Local authority can have itself appointed. The Law Society of Scotland on 0131 226 7411 can help you find a local solicitor who deals with Incapacity and will take on Legal Aid cases.

If your mum is assessed and deemed as lacking capacity then someone must be appointed to be her legal guardian. This comes in financial and welfare sections. Most times it's a family member who becomes the guardian however if you do not want to do it the local authority will step in. If you become her guardian you will essentially assist your mum accessing/spending her money. She will not be denied access to it. You will have to keep receipts for spends tho. You will also be able to pick her a place to stay if for example she went into hospital and was unable to go back home. You could pick a care and they would use the guardianship to move her there legally . I know pre Covid the timeline for the guardianship process was around 6 months.

You’ve said don’t look at English information but most of what you have said is equally applicable to the situation in England and Wales..