GUARDIANSHIP ORDER OR POWER OF ATTORNEY

[Kerry333]

I have Power of Attorney for my mother, both Finance and Health and welfare.

The problem is I have a sister aged 59 with Downs Syndrome. Mum is the full time carer and my sister lives at home with mum. Things are deteriorating by the day so I need to step up now to protect my sister. I thought I needed a Guardianship Order but now I'm reading that it might be the Power of Attorney route.

Any suggestions would be great

[Jofisher]

Hello if your sister has mental capacity it’s an LPA if she doesn’t it’s a deputyship you can complete these online on the government website

[Kerry333 in reply to Jofisher]

Hi Jofisher

Thanks for your kind reply. I'm a bit confused. When you say mental capacity, does Downs Syndrome not out rank mental capacity? She's very switched on but doesn't make daily life decisions.

[Jofisher in reply to Kerry333]

right it’s not about what’s wrong with your sister it’s if your sister has mental capacity. Check it out online to get an understanding of what this is or ask her GP or a social worker does she have mental capacity and if she does great she can sign for you to be a lasting power of attorney but if she doesn’t then you would need to apply for the deputyship as I mentioned before. You could speak to the downs society for advice or the mencap helpline but that’s as much as I can tell you really. Sorry I can’t be of more help to you. Speak to adult social services and discuss with them as they maybe also be able to advise you and you could also speak to the carers association as they are an amazing resource. All the best is your journey

[SpeedyH]

Hi there. Mental capacity is basically a test of whether someone can take in information, understand it and understand the consequences. It isn't a generic thing that people either have or they don't, it depends on each specific decision. so, someone might be able to decide whether to be vegan but not which mortgage would be best for them. Mental capacity is tested for each type of important decision. People with DS have a wide range of abilities and some can set up an LPA and some can't. The test would be if they understand what an LPA is, and understand the consequences of setting one up etc.

Perhaps phone the Downs syndrome association helpline for advice. You might not need health and welfare LPA/deputyship because in theory all decisions taken about your sister have to be agreed as being in her 'best interests by professionals.

[Lovea]

Hello Kerry, does your sister take part in any activities or receive services through adult social services? If not, it may be a good time to get in touch with them because your sister is going to need some structure in place to support her.

They will be able to do an assessment of her needs and you could request one for your mum as carer. This will probably involve planning for future outcomes such as supported living for your sister so it’s really helpful to get the process started as soon as you can. The social worker will also be able to assess whether your sister has the capacity to understand the implications of you holding an LPA. I would always recommend you applying for health and welfare in addition to finance because while professionals may make best interest decisions for your sister, having the LPA for health and welfare ensures you are included, consulted and informed about any decisions.

Best wishes as you go along this road.