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Guardianship Orders Scotland

Where a person is no longer able to manage their own affairs, and where a Power of Attorney has not been granted, the solution is to apply to have a guardianship order (and sometimes an intervention order) can be put in place so that the incapacitated person's affairs can be managed by someone with capacity.

The difference between the guardianship order and intervention order is that a guardianship order grants an ongoing power to manage a person's affairs in the future, whereas an intervention order deals with a specific issue.

Applying for Guardianship

When making an application to the court for a guardianship order, the guardian must lay out what powers are being applied for and why they are being sought. The powers fall into two main categories: welfare powers and property/financial powers. Welfare powers grant the guardian the power to make decisions about healthcare, where the person lives, treatment etc. Property and financial powers apply to the person's property and finances, such as property, bills, pensions and investments.

Who can be Appointed as a Guardian?

It is usually a next of kin, or other close relative who is appointed under a guardianship order, however, anyone can become a guardian. The powers of guardianship can also be shared with another guardian. Joint guardians can be appointed and substitutes names can be added were an existing guardian is unable to exercise their powers.

The appointment of a guardianship is a complex and often lengthy process, which is why solicitors advise organising a Power of Attorney before a person loses capacity where possible. We can take care of the guardianship application process for you, and will argue your case for guardianship. Get in touch with our specialist team today.

Contact our Guardianship Lawyers Glasgow

We are a team of approachable, responsive, client-focused solicitors, who pride ourselves on offering personalised, tailored advice. Operating throughout Scotland, we offer an open door policy and legal services tailored to your needs and budget. For clear, down to earth, legal advice and assistance from experienced and highly skilled executry solicitors, contact us via our online contact form, or give us a call on 0141 413 9229.

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