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Guardianship

  • 04-11-2013 11:50pm
    #1
    Dixie Carroll
    Registered Users, Registered Users 2 Posts: 6 ✭


    Hi

    My 13 year old nephew moved in with my wife and I nine months ago after my sister died from a long illness. He lives with us full time and goes to school locally with our kids. My parents were initially his carers as he lived with them for a few years before my sis died. He is still very attached to them and they want him back with them. However, they are elderly (both mid 70's) and all my siblings agree that he is far better off with us. He seems very happy with us and we want to apply for Guardianship. However, we think my parents will contest it. We have not asked him what he wants?? He currently has no legal Guardian and my sister didn't have a Will. They are still collecting his carers allowance and his children's allowance and we feel that has a big part to play in it.


Comments

  • #2
    Knine
    Registered Users, Registered Users 2 Posts: 3,763 ✭✭✭Knine


    Do you mean they are collecting a fosters allowance for him? or has he got special needs and they get Carers allowance?

    Whichever they are collecting it is actually fraud as he does not live with them.

    He needs a legal guardian asap as if he needed medical treatment who will sign the consent forms? If your parents are not legal guardians then they cannot really contest it.

    Has your nephew got a social worker assigned to him? this would be your first port of call.


  • #3
    Dixie Carroll
    Registered Users, Registered Users 2 Posts: 6 ✭Dixie Carroll


    Hi Knine,

    Thanks for response!

    My parents always called it a carers allowance but we found out recently that it is a fostering allowance. They are still collecting 100% of it. We have very recently contacted the HSE in our area to move this on. We expect to hear back next week. It will probably get messy with my parents. Any suggestions welcome!


  • #4
    Knine
    Registered Users, Registered Users 2 Posts: 3,763 ✭✭✭Knine


    I think you need to talk to your parents. Really you should be getting the fostering allowance and also the children's allowance as the child is resident with you.

    They need to cop on as they could well be liable for paying back all the money they have wrongly taken as the child is not actually with them. Of course who do you think will get the blame?

    I would be contacting the HSE again and asking them to act immediately and also contacting the Social Worker responsible for the child.


  • #5
    Dixie Carroll
    Registered Users, Registered Users 2 Posts: 6 ✭Dixie Carroll


    Knine wrote: »
    I think you need to talk to your parents. Really you should be getting the fostering allowance and also the children's allowance as the child is resident with you.

    They need to cop on as they could well be liable for paying back all the money they have wrongly taken as the child is not actually with them. Of course who do you think will get the blame?

    I would be contacting the HSE again and asking them to act immediately and also contacting the Social Worker responsible for the child.


    I have tried speaking to them. We have decided to tell them we have gone to the HSE. If they won't cooperate we will let the HSE sort it their way. Thanks for help


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