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Guardianship Solicitors Scotland

Guardianship is an order which gives someone authority to act on behalf of an incapacitated adult, making sure their interests are safeguarded. It is an order issued by the court, and is made when an adult with incapacity requires decisions to be made on an on-going basis. The adult must be over 16 years old, and unable to make decisions themselves. The length of the order will be decided by the sheriff, after consideration of the condition of the adult, and what circumstances they are in. An order will commonly be given for three years; however, this can be extended, sometimes lasting the rest of the adult’s life.

Information for potential guardians

A guardianship order allows you to act on behalf of the incapacitated adult, in things such as financial and welfare matters. There are a wide range of powers that come with guardianship, including paying bills, receiving income, managing money, and making decisions about care services and medical treatment

Incapacity covers a range of mental disorders, including dementia and Alzheimer’s, as well as physical impairments, such as a stroke, which leave the adult unable to manage their affairs. The law states that an adult lacks capacity when there is evidence that the adult cannot: act; make a decision based on the information they are given; communicate that decision; remember the decision; or understand the information surrounding a decision. If you are close to an adult who you feel is unable to make decisions regarding their financial well-being, then it is worth considering a guardianship order. Furthermore, if you think the attorney in charge of the adult is not acting in their best interests, you may wish to apply for a guardianship order.

Anyone who has an interest in the wellbeing of the adult, be it a friend or family can seek a guardianship order, and in some cases it can be shared among people, usually family members..

The process of obtaining a guardianship order is a complex one, and can often take from six months to a year to complete, due to unavoidable delays in the process. Although you can obtain a guardianship order on your own, it is recommended you seek legal advice, as the process is so complex. With experience in making applications to the Sheriff, and obtaining required reports, we can simplify the procedure, as well as advising on the obligations of a guardian.

To apply for a guardianship order you must contact your local authority, who will appoint a mental health officer (MHO) to prepare a report for the court. The report will consider whether a guardianship order is appropriate, assessing both the adult, and your suitability.

The court hearing will be held in private, and while the adult, family members, and care workers can attend, it is usually only attended by the solicitors of the applicant. It is not required to attend court if you have instructed a solicitor to represent you, however if you have made the application yourself, you must attend the hearing. Complete Clarity Solicitors can also assist with Power of Attorney.

Expert Guardianship Solicitors Glasgow & Edinburgh, Scotland

If you are looking to seek guardianship, or have any enquiries about the process, call us today on 0141 433 2626, or 0330 134 7032 from a mobile, for a free consultation. Alternatively, you can fill out our online contact form.

0141 433 2626
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