Adults with incapacity reform: easy-read version of consultation

9. Supervision and Support for Guardians

Supervision of Welfare Guardianships

The Office of Public Guardian supervises guardians when dealing with property and money, and local authorities supervise guardians when dealing with welfare, along with the Mental Welfare Commission.

Some people have told us they are concerned about the supervision of welfare guardians. Local authorities have not always been able to supervise welfare guardians as well as they would like.

The Mental Welfare Commission visits people who are getting welfare guardianship. They look at concerns the adult or their guardian might have, and how their care and support is given.

For this to work best, we think there should be three different levels of supervision for the three grades of guardianship.

We think the three organisations involved in supervising guardians should work more closely together.

Questions:

Do we need to change the way guardianships are supervised?

Yes
No

If your answer is yes, please give your views on our suggestion for the Office of Public Guardian, Mental Welfare Commission and local authorities to work closely together to supervise guardianships.

If you have a different idea about this, please tell us in the box below:

Support for Guardians

We want to make sure that people know what they are taking on before they agree to be guardians. We also want to make sure they can get help and support after they become guardians.

We have been told that people are often surprised by what being a guardian involves and that they were not ready for it.

We think it is very important that guardians know that they have to follow the Adults with Incapacity law and that they have to make decisions that go along with the wishes of the adult.

This is not good for the adult with incapacity or for the guardians. We would like your ideas on how to make this better.

Questions

What sort of advice and support should be given to guardians?

Do you have views on who should give this support and advice?

Please tell us about your ideas in the box below:

Support for Attorneys

Choosing an attorney is not the same as choosing a guardian. An attorney is chosen by an adult to make decisions for them in case they are not able to make decisions for themselves.

Attorneys are not supervised the way guardians are. But if someone is worried about the way an attorney is carrying out their role they can tell the Office of Public Guardian who can look into the case.

Becoming an attorney can be a lot to take on. There is advice available online and the Office of Public Guardian can answer some questions, but people have said that attorneys need more advice and support.

We would like your view on this.

Question:

Do you think attorneys need more support to help them carry out their role?

Yes
No

If you answered yes, what sort of support do you think they need?

Please tell us in the box below: