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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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What rights does a guardian have over a local authority care

Resolved Question:

What rights does a guardian have over a local authority care contract for an incapacitated sibling? In this case a sister of a severely disabled brother is not happy that the care firm, contracted by the local authority to provide 24 hour care, is acting in the best interests of her brother.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
has the sister been appointed as the brothers Deputy?
Clare
Customer: replied 3 years ago.
Hi Clare

yes, she is appointed as her brother's Deputy. Her brother is aged 48 years and has severe cerebral palsy such that he has a mental age of about 6 months and is confined to a wheel chair.

Expert:  Clare replied 3 years ago.
Hi
Is she appointed in respect of Welfare as well as Finances?
Clare
Customer: replied 3 years ago.
yes, she is. She has enduring power of attorney from the Court of Protection
Expert:  Clare replied 3 years ago.
Hi
This is important what is the exact name - is it an Enduring power or a Lasting Power?
Clare
Customer: replied 3 years ago.
her court documents state that the Deputy appointment 'will last until further order'
Expert:  Clare replied 3 years ago.
Ho
Excellent - she is the Deputy, not an attorney
Does it also specifically say that it deals with Health and Welfare as well as finances?
Clare
Customer: replied 3 years ago.
no, it specifically states finances and affairs
Expert:  Clare replied 3 years ago.
Hi
Ah
Then I am afraid she does not at present have the right to deal with the care that he is given only with his finances
Clearly she is entitled to express her opinion - and to insist on an investigation if she is alleging abuse - but she cannot insist on it being changed
If she applied to be his Deputy for Health and Welfare as well she will have more rights to make decisions
Please ask if you need further details
Clare
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