This is a court appointed document which authorises a person to act and make decisions on behalf of an adult with incapacity. Anyone with an interest can make an application for a guardianship order. An adult with incapacity is someone who is aged over 16 who is not able to look after their own affairs.
A power of attorney is a document appointing someone to act on and make decisions on the individual’s behalf, for someone anticipating permanent incapacity or to deal with periods of temporary incapacity. This could be relevant to someone with a fluctuating condition. Powers of Attorney can deal with financial and/or welfare matters.
My family member has been medically assessed as lacking capacity to agree to support being provided. What legal intervention is required for me to act on their behalf?
To act on behalf of another person in relation to their Direct Payment you would be required to hold a Welfare and Financial Guardianship or have a Power of Attorney document in place.
No, you must have a Welfare and Financial Guardianship Order or Power of Attorney document.
You can discuss this with your Practitioner who can provide further information on the process and you will need to liaise with a solicitor. You can go to www.gov.uk where you can access guides regarding becoming a Guardian.
Do I need both Welfare and Financial Guardianship for my family member if I am to apply for Direct Payments on their behalf?
Yes, Aberdeen City Council have made the decision that both Financial and Welfare Guardianship are required as you will be dealing with the welfare of the individual and handling the financial aspect of the direct payment.
If you want to manage a direct payment on someone's behalf then you will need to have both guardianships. There may also be options other than direct payments which will suit your circumstances. You should discuss this with your practitioner.
I am unable to deal with the financial aspect of my care provision. Can my budget be paid to someone else on my behalf?
Yes, a budget can be paid to certain other people. These people are parents or someone who has parental responsibility for children under 16, and someone who has Power of Attorney or Financial and Welfare Guardianship for adults.