Guardianship or lpa

[MUDOG]

Hi, I’m looking for information on how and what’s best for me to get guardianship or lpa for my downs brother. He currently lives with my mum who’s elderly and now needs my support more and more. Cheers

[Shue Community friend]

Hello, sorry but when a person reaches out for help, information or support it isn't necessary to gently remind or rather gently lecture them on what they should call their own brother. Sorry if it offends you but I feel it isn't appropriate. You were very helpful in the information you provided but the comment re how to refer to ones own sibling wasn't needed.

[MUDOG]

Hi, thanks for replying and the information given. As for the gentle reminder what the hell as it got to do with you how I refer to my brother? I don’t really care what the “preferred way” is all I wanted was some advice so maybe this group isn’t for me or maybe your the sort of person who (thinks they)know everything!!

[Shue Community friend in reply to MUDOG]

Hi, please don't be put of using the site. I also didn't agree with the comments re how to refer to your brother. Please continue to use the site if ever you need support/information. Best wishes.

[MUDOG]

Hi there, I’ve been involved for 37 years and know him better than anyone else so didn’t need a lecture on proper terminology thank you very much. Maybe this site isn’t for me

[MontyCat]

Hi Mudog. I think you will find your route forwards will hinge on whether or not your brother has mental capacity to appoint someone to take on LPA. If he does not have capacity to do this, you can apply to the court of protection for deputyship - either for financial and property or for health and medical - possibly both, but they will be two separate applications. I applied for, and was granted, deputyship for my daughter who has Down Syndrome and significant learning disabilities. You would probably be best advised also to instruct a solicitor to act in this regard, although I believe you can apply directly yourself. Hope this helps and good luck.

[MUDOG in reply to MontyCat]

Thanks for all the information, he has some mental capabilities but don’t know if it’s enough to make someone understand him.

[rosie7007]

Hi MUDOG I do hope you are still checking your emails from this source.

With regards to your query, you can check online what having Mental Capacity means and as you say, you know your brother very well and you will know if he does have capacity. The suggestion of applying to the Court of Protection is a valid point and you do have to apply for two different areas as suggested. Each one costs around £400. If you were to go down this path, you can apply to do it yourself and download copy applications. Please bare in mind that the Court of Protection will require annual accounts, just to explain what your brother's money has been spent on. Applying to the Court of Protectioon means that the Court has a duty to ensure your brother's best interests are being met. I don't believe they are overly intrusive or anything.

Not knowing your circumstances but has the DWP made anyone an Appointee for your brother's benefits? This can be done free and although usually it requires a home visit, there may be possibilities on Zoom, Whatsapp etc. If your mum has been appointed in the past, she can relinquish her right and you could be appointed instead. It is worth considering, especially if your brother's total income comes from benefit sources and not through working and being paid wages. The DWP appointeeship only covers benefit monies and not anything else.

I wish you luck and I hope you sort things for your brother and your family.

Cindy

[MUDOG]

Hi rosie7007, I’ve had a home visit from dpw and I have control over his finances. I would say to me he has the mental capacity but he’s not able to make other people understand him even his other brothers and sisters don’t understand him like I do so not sure how he would come across to a stranger. The other issue I’ve got is the eldest sister (half sister) thinks as she is the oldest that she should look after him when something happens to my mother even though she hasn’t got a clue how to deal with him and his needs this is the main reason I want to get this sorted as it will be hard enough for me when something happens to mum.

[rosie7007 in reply to MUDOG]

Hi MUDOG It seems that the next step is to have your brother medically assessed as to how much he understand and can remember, you can find out if he has mental capacity to give permission for an LPA. There are many different methods used to assess individuals and specialists will know how best to approach your brother. It might be a good thing if you can be present for his assessment as you can communicate things to him in a way that you know he understands. That in itself might be sufficient to show his level of understanding for him to be assessed as having mental capacity. It is pivotal in ensuring the medical personnel hear what your brother has to "say" in whatever form that takes.

Speaking from a personal viewpoint, my late uncle had severe learning disabilities to the point he couldn't truly understand what an LPA was or what it was for. Much like yourself, I seemed to be the only family member that could communicate at his level of understanding. We were fortunate in that his Bank spoke to both myself and uncle and gathered that he knew I was there to help him and he was agreeable to let me. That then allowed me to deal with his investments and savings and move things around to safe guard his monies. I don't suppose those actions would be allowed now though.

Whether you are able to go down the route of LPA or alternatively you have to apply to the Court of Protection, my viewpoint is that you and your mum apply jointly to take care of your brother's needs in the format that either one of you can act alone. I think it is more important to note that, by applying jointly, your mum is saying very clearly that she trusts you to do the best for your brother. That might make it easier for your siblings to accept the decision that way.

If I remember correctly, the Court of Protection do ask other family members how they feel about your application, (that may have changed now).

If you are already DWP appointee and any application is made jointly with your mum, it puts you closer to be accepted by the Courts as being a suitable deputy for your brother.

It may feel like you have many hoops to jump through but I'm sure you will agree, your brother is worth all the effort you need to put into this.

Best wishes

Cindy

[Tekaham]

Please can you tell me the best way to get the assessment

[I_am_a_sibling Survey Community friend]

Hi MUDOG , how are you getting on? I can see from others' posts that you've already had a lot of good advice in this area. I also just wanted to let you know about Sibs, the charity for brothers and sisters of disabled children and adults. They have guides on topics like this, and their guide 'Looking after money: When your disabled brother or sister needs support to manage their benefits and funding' outlines the process of power of attorney (or deputyship). You'll probably also find the guide on mental capacity, 'Decision-making and the law: When your brother or sister can’t make a decision, who does?' helpful too. Both can be downloaded here: sibs.org.uk/support-for-adu...

You're not alone in what you're going through, so many siblings look for advice on these topics to help their brother/sister.

All the best,

F