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Power of Attorney and Guardianship

Power of Attorney

Power of attorney can be important if you are the main carer for the person you support and allows the cared for, while they still have the ability, to give the person they trust the power to act as their financial and welfare attorney on their behalf.

You can be a financial attorney straight away or if the cared for no longer has the capacity. You can only become a welfare power of attorney if the adult loses capacity.

To find out more about power of attorney and how you may go about setting this up please visit: http://www.nhs.uk/Conditions/social-care-and-support-guide/Pages/lasting-power-of-attorney.aspx

 

Guardianship

Guardianship is most likely to be suitable where the cared for has long-term needs and has either lost, or may never have had, the ability to make decisions or actions on certain matters for themselves. These would include:

  • personal welfare and health matters
  • any property and/or financial matters
  • or a combination of both of these

You can submit an application to the sheriff court for welfare and/or financial gurandianhsip. For welfare guardainship only you may submit an application to Perth and Kinross Council.

A guide from the Scottish Govenrnment can be found here: http://www.gov.scot/Resource/0044/00441134.pdf

The Mental Welfare Commission for Scotland can also investigate and advise carers on Guardianship and Power of Attorney. They have a free helpline on 0800 3896809.

 

Advocacy Services and Guidance

What is advocacy?

  • safeguards people who are vulnerable or whom services find difficult to serve
  • empowers people who need a stronger voice by enabling them to  express their own needs and make their own decisions
  • enables people to gain access to information, explore and understand their options and to make their views and wishes known
  • speaks up on behalf of peole who are unable to do so for themselves, or who choose not to do so. This is different from legal advocacy where an individual is represented by a legal professional

For further guidance on advocacy please click on the attachment below.

Advocacy for Unpaid Carers Guidance

 

 

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