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being a guardian

2 replies

Dumdidums · 26/01/2018 22:02

I have been asked to apply to become a guardian of a relative and my understanding is that the reason behind this is because the person doesnt have the capability to make decisions for himself. However i get the distinct impression that the underlying reason is that the social services do not like the decisions that this person has been making and they have been doing endless assessments in order to generate a report which is saying that he is not able to make his own decisions. I just cant shake off the impression that the social services are just on a single trajectory which they dont want to be diverted from. If this does go to court then is there anyway that i can ask for a independent evaluation by someone who is not in the same region as the social services department about whether this person is able to make decisions for himself. Just to say that the person is around 26 years old . Would i have to pay for this myself or get a solicitor involved ? They have basically said that if i dont do it they will do it themselves which is another sort of veiled threat

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retirednow · 27/01/2018 12:24

This sounds a bit confusing. What decisions need taking, the relative would have had a capacity assessment which a doctor may have done, if they failed it and no power of attorney was in place it will have to go to the court of protection. You can refuse to be a guardian if you are concerned,.

Dumdidums · 17/02/2018 15:49

sorry i for the delay i havent had internet access. He has been having several capacity assessments and it seems that he is borderline but the benefits he gets are because they feel he is unable to work due to lack of capacity .
It seems that the social services have decided that he is in need of guardianship and they want to move him out of his home into sheltered accommodation which i am not keen on but i feel that if i get guardianship then the social services are going to pressurise me to move him into sheltered accommodation. There are no other decisions that need taking apart from the location he lives in.

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