Strong Voices

A man in a supported living service, who wanted to challenge a welfare guardianship application, had his access to funds to pay for it blocked by his welfare guardian.

In a case study provided to the Law Commission, IHC described how the man had a welfare guardianship arrangement in place, but there had been little examination of whether it was needed. The man was living a very independent life.

The man was unable to access his own funds to challenge the guardianship because a court-appointed property manager was limiting access to the man’s money. He needed the funds to pay for a proper capacity assessment, rather than the‘tick-box form’ and basic GP assessment provided to the court to continue his welfare guardianship.

The man did not get on with his welfare guardian (and property manager), who lived in another country and was unavailable at times for consultation. The man’s repeated requests to the appointed lawyer to challenge the welfare guardianship application went unheeded.

Because he couldn’t access his own funds, IHC loaned the man money to pay for a proper capacity assessment, which showed he had capacity in many areas. This allowed him to hire his own lawyer to oppose the welfare guardianship application and ensure that he was able to participate in the court process and regain legal control of his life.

IHC says there were failures at all levels of the system in this case.

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Caption: IHC wants the establishment of a Public Advocate to advocate for adults who need decision-making assistance.

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