I'm a guardian, now what? Episode 49

In the final episode of our short series on Guardianship Katy talks to Fiona, a parent carer who has recently got guardianship for her son, and Martin fills in any final details about the practicalities of being a guardian.

We had a number of questions sent in which we didn't have time to answer in the podcast, so have included them here.

Is there any option/method where guardianship can be shared between a group like a circle of friends/ community circle? For example, if I were to lose capacity or to die.

Yes - you can appoint more than one guardian, and you can remove or add guardians at any time, although it is most easily done when you renew your guardianship.

I saw an post on some Facebook page and it suggested that if you had financial guardianship and report back with your financial receipts etc etc that you don't need to fill in annual reports for SDS?

Sadly this is not the case, the council rules are different form those around guardianship, and the forms you complete are different.

Why do people suggest you need financial powers in order to access SDS as an adult in some Local authorities?

Local authorities each have their own rules. For help with SDS in East Dunbartonshire you can contact Take Control.

Why do we need to basically pay £700 to be responsible for our own child?

If we chose not to take responsibility for our child, the duty of care that would be placed into our local authority would cost much more than £700 so in the long term, we are saving EDC (and all others ) loads of hassle and loads of cash. Why are we paying VAT on this service when we don't pay vat on goods for disabled people?

These are very valid questions, but not ones that we can answer - it is a Scottish Government decision. They have recognised the issues and have proposed some changes to the law which will be considered by ministers in September 2022. You can see these at https://consult.gov.scot/mental-health-law-secretariat/scottish-mental-health-law-review/

Parent Carers Legal Support

Caesar & Howie solicitors

Office of the Public Guardian in Scotland

Take Control

Carers Link can offer you an appointment for information and advice at our Legal Clinic. This is free of charge and gives you the chance to have a one-to-one meeting over the phone with a solicitor from Blackadders Solicitors, to ask questions on legal matters.