Guardianship Solicitors

Guardianship Solicitors Glasgow

A guardianship order may be required to authorise relatives or friends of an incapable adult to manage their physical and financial affairs, where there is not already a power of attorney in place.

Our Glasgow based family law solicitors have years of experience helping our clients with incapacity legal problems, particularly for elderly people (debilitating illnesses such as Alzheimer's disease, dementia or Parkinson's disease can be relevant) but also for those who have been incapacitated as a result of accident or injury .

Guardianship Lawyers in Glasgow & Edinburgh

Obtaining a guardianship order in Scotland is usually challenging. This can take several months to complete. It is important to seek the assistance of a solicitor in this instance for expert legal advice. However, our court team's experience in this area will provide you with a very clear understanding of what will be required, who will be appointed Guardian and what powers and responsibilities the Guardian will have.

Based in Glasgow we provide our clear and practical legal services to people across Scotland including those from Dundee, Edinburgh, Aberdeen, Paisley, East Kilbride and many other Scottish towns and cities.

What is the purpose of a guardianship order?

What is the purpose of a guardianship order?

A guardianship order is a court order that empowers a person to act on behalf of an adult who is mentally incapacitated or has limited mental capacity. This is an adult over the age of 16 who is incapable of acting or making decisions for oneself due to a mental condition circumstance or disability. Such an order is useful when ongoing decisions affecting an adult with incapacity must be made.

An order will be granted only if it can be established that the requested powers will assist the adult with incapacity. It must be demonstrated that there is no other reasonable means for them to obtain a certain gain. 

Anyone with an interest in the personal welfare of the adult may seek a guardianship order. This includes not only family members but also adult acquaintances. Multiple individuals may apply for guardianship as joint guardians. This is advantageous since it enables responsibilities to be shared between different family members or friends.

The individual seeking a guardianship order must file a guardianship order application with the Sheriff Court in the area where the adult resides.   The Sheriff court will determine the duration of the order based on the adult's condition and circumstances. Although an order is typically given for three years, this time period may be extended if it is determined to be in the Adult's best interests.

When is the best time to seek a guardianship order?

With the UK's population living longer, it also means that the number of people living with incapacitating illnesses has increased. When a family member suffers from dementia or another type of impairment, their ability to reason weakens, frequently deteriorating over time. Identifying when a loved one is no longer capable of caring for themselves and obtaining a court-appointed welfare guardian is one of the most efficient strategies to ensure their future well-being and legal rights.

Contact us for guardianship order consultation

For a consultation with a guardianship order solicitor call us today on 0141 433 2626 or complete our online enquiry form and let us help you.

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