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Elderly parents

guardianship order

2 replies

ClosedAuraOpenMind · 20/11/2022 12:12

does anyone know about getting a guardianship order (in Scotland if that makes any difference )
looking for info on costs and time it could take
My mother currently in hospital and has lost mental capacity. as she lives alone it seems unlikely she will be able to cope with returning home
would her house, which still has a small mortgage outstanding, need to be sold to pay for care
and what would happen if we did nothing - which I'm quite tempted to do, given she promised to get her affairs in order following my fathers death six years ago, but has steadfastly refused to do ever since

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Mum5net · 20/11/2022 14:50

Scotland is different to England.
If your DM has lost capacity then you apply for Guardianship.
We had to do this via a solicitor. There are costs attaching, (£1k-2k) from memory (seven years ago) but you may qualify for legal aid. Even with legal aid (because my DM was under section) I think our legal bill still came to about £500.
The Solicitor has to co-ordinate several reports that are sent to the sheriff court.
You will need a Social Worker as well. All the reports need to be 'fresh' and co-ordinated within a time frame of about 30 days or 4 weeks or something quite strict. In 2015 , the process from beginning to end took seven months. The OPG is based in Falkirk and are very very slow. They may fast track you, check their criteria to see if you qualify. Their website is difficult to navigate and their online processes a bit of a nightmare. I'd be surprised if it all gets done in 7 months.
Was it a social worker at the hospital who pointed you in this direction? I'd talk to a social worker first before you make the appointment with the solicitor. The social worker might fill you in about the forms and reports, although it will be on the OPG website.
Your DM will be asked to pay something called a Bond of Caution and then make an annual payment. This will depend on the value of your DM's property and savings. She will also have to pay the OPG an annual fee to review her annual accounts (which you have to prepare and submit). There is a scale of charges again depending upon her assets. As a Guardian you are due a payment annually for helping her put the paperwork together - about £1k.
There is a technicality that if your DM's court paperwork is submitted when your DM is in hospital and the address on her form is c/o a hospital ward, then she may not leave this address. This technicality may have been amended to stop causing bed blocking. However, it might mean your DM has to stay in the nhs for the duration and it means you wont be paying carehome fees for this period...
Paying care home fees will depend on her assets. Does she have less than £23.5k in cash? If she does, then there is a possibility that she may rent out her house and use that rental income towards her care home fees.
A financial officer from Elderly Care section of her Council's social work dept is the best person to advise. I pray for you that all her bills are on standing order as her financial affairs will be currently frozen and off limits to you.

ClosedAuraOpenMind · 21/11/2022 18:54

thanks for that @Mum5net , that's really helpful
I was at the hospital today - she's now been moved from the cardiac ward to an elderly rehab ward, so they put in a referral to social work and take it from there....

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