supported living: hi my nephew is about to go into... - Mencap

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Raya1971 profile image
8 Replies

hi my nephew is about to go into supported living due to the current residential home not meeting his needs. she was approached about this as its been noted by other professionals & carers my nephew needs more than hes getting now. it has been mentioned that my sister must have guardianship to be able to sign the tenancy for the property although she is his appointee & has always dealt with all his finaces as well as health etc, she has been told that is more than enough to enable her to sign on his behalf but wanted to check if anyone else has had the same issue?

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Raya1971 profile image
Raya1971
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8 Replies
Raya1971 profile image
Raya1971

'she' meaning my sister

BenjiB profile image
BenjiB

If he lacks capacity she needs deputyship in order to sign for the tenancy. There are two parts finance and health and she needs the finance one. She’ll need to apply to the court of protection fir this. It’s quite lengthy and once she has it will need to do a financial report yearly.

Honestly it’s one of the reasons we chose residential over supported living. I didn’t want the extra admin and also paying the bills etc. My son also has very high support needs which couldn’t be met in supported living. LA’s will push for supported living though!

class9F profile image
class9F

I am my sons DWP appointee and have also been told by the landlord that is not enough to sign the tenancy agreement on his behalf. The landlord said my sons part of the agreement will remain unsigned which I am not happy about. I have read the easy read version and will try to convince the landlord my son can understand it. We needed to make a best interest decision for him to move but weighing up pros and cons of moving is entirely different to agreeing to look after the flat etc. nothing is ever easy!

Chaseonthecase profile image
Chaseonthecase

my sons social worker was able to sign the tenancy agreeement on his behalf as a best interest decision until I got deputy ship which took 18 months from start to finish.

Bergersil400 profile image
Bergersil400

My daughter has been in supported living since July , and she has no capacity whatsoever. I have remained her appointee. It can be done without deputyship, but it took several months and lots of stress to get all the admin sorted out. Firstly my daughter had to change from employment support to Universal Credit, so could have her housing costs and council tax paid. Basically when the UC officers came to the house to assess our daughter so she would be in the limited capacity for work group, this enabled them to get the paperwork regarding the tenancy agreement. I think I was then able to sign on her behalf in front of them.As Benji says however it isn't all plain sailing as trying to get utility companies to let you set up direct debits on her behalf is a minefield. Severn Trent refused point blank so I just pay by BACS 6 monthly. British Gas miore obliging as my husband already had an account with them.

It is easy to pay rent and service charge as it is a private landlord, so I set up a standing order direct to them.

I am keeping to appointee for now, but I think in the future I am going to look into redidential care.

Do you have a supported living facility already?

49Twister profile image
49Twister

Hi my son went into supported living 7 years ago, he was 41 at the time. He signed his tenancy by copying his name so he probably didn't understand what he was signing. I am my son's appointee and always looked after his finances. Last September he had a capacity test which proved he didn’t have capacity for finance which I had been telling them for years. He is in the early stages of moving as this place isn't meeting his needs. He has had an assessment to see if he understands his tenancy by the social worker ànd I've been told he does. This proves you can have capacity for some things and not others. He doesn't have capacity for finance and health. I am having a battle with support provider regarding his bills as they are not allowing me access to this account so might need to get LPA or deputyship but was wanting to avoid the deputyship route. Hope this helps.

Sallyyana profile image
Sallyyana

hi

I signed my sons tenancy and only his appointee

AeolianMode profile image
AeolianMode

It must depend on the landlord. Inclusion Housing (a very large landlord) was able to process a tenancy for us with a Best Interest assessment documented by our social worker.

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