Family Law AssociationThe Law Society of Scotland
Glasgow 0141 375 1222

Guardianship Solicitors & Lawyers Glasgow

If you have been advised to seek Guardianship Powers in respect of an adult, we can assist you.The only circumstance in which an adult will have a guardian is when the adult has lost capacity and, prior to losing their capacity, did not grant a power of attorney. In these cases, the Court will grant a Guardianship Order granting someone powers to make decisions on behalf of the incapable adult in relation to their welfare and/or their finances and property.

An incapable adult is a person who cannot act, make decisions, communicate decisions, understand decisions or retain the memory of decisions. An incapable adult requires someone, their guardian, to make decisions on their behalf.

Any person who has an interest in the adult can become their guardian. The Court will only grant a Guardianship order if it considers that there are no other means available to manage to adult’s affairs. Additionally, the Court must be satisfied that granting the Guardianship Order will benefit the adult.

How To Apply For Guardianship Powers In Scotland

You can apply for guardianship power to manage the welfare and/or financial affairs of the adult. Welfare guardianship powers are the most commonly sought. These powers allow the guardian to decide, for example, where the adult should live, consent to medical treatment on their behalf, and make day-to-day decisions relative to their care. Financial guardianship powers are typically only sought when the adult has significant financial matters that require to be managed on their behalf. This will include, for example, dealing with any property they own, or managing any investments or stocks and shares. Financial guardianship will not be necessary when the adult’s finances are simple.

Our Guardianship Solicitors Can Help You With The Application Process

The Application must be made to the Court in the form of a Summary Application. These are the court papers which set out the powers you seek in respect of the adult and why these powers are necessary and will benefit the adult. This Application must be accompanied by three medical reports conducted on the adult: a GP report, a psychiatric report and a mental health officer’s report. Once the Summary Application and the Reports are lodged at Court, a warrant will be issued. There will then be a period of 21 days in which anyone wishing to oppose the guardianship can do so. After the period of 21 days, a Hearing is assigned. At this Hearing, if the Sheriff considers that the order is necessary and will benefit the adult, the sheriff will decide to grant the Guardianship Order.

Legal Aid Funding For Guardianship Applications

It is unknown to many that there is Legal Aid Funding available for Guardianship Applications. Whilst Civil Legal Aid for welfare guardianship is not means-tested at all and is virtually automatic, Advice and Assistance is means-tested on the adult’s finances. This means that there could be a charge for initial work carried out up until the point of Civil Legal Aid. The charge of this, however, can be recovered from the adult’s estate. Our Family Law Solicitors can advise whether or not Advice and Assistance legal aid would be available in your case.

Contact Our Gurdianship Lawyers In Glasgow Today

If someone you know loses their capacity, you must act quickly if you wish to be able to act on their behalf. Obtaining Guardianship powers can be a lengthy process and can be stressful and complicated to understand. Get in contact with our Family Law Team today and make an appointment to speak to one of our experts about Guardianship powers.

Book your Family Law consultation:

0141 375 1222

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