Family Law AssociationThe Law Society of Scotland
Glasgow 0141 375 1222

Guardianship Orders Lawyer Glasgow

Many people suffer from a mental disorder such as dementia or Alzheimer’s disease as well as various other illnesses. It is at that point that adults become incapacitated and regarded as no longer being capable of managing their own either welfare and financial affairs or both.

A guardianship order is a court order providing an individual or individuals with authority to act on behalf of an adult who does not have capacity. The purpose of a guardianship order is to ensure that the best interest of the adult without the capacity will be safeguarded as well as protected. The incapacitated adult must be over the age of 16. A guardianship order is best appropriate when there has to be on-going decision making on behalf of the adult with incapacity.

At Jones Whyte, our team of experienced guardianship solicitors are able to assist you with the process involved in obtaining a court order to look after the affairs of your loved one. We will explain matters in a clear manner, allowing you to have a good understanding of what will be required from you.

A guardianship order should be considered if the adult in question has lost their mental capacity and they do not have a Power of Attorney appointed to act on their behalf.  

Generally an adult is considered as one lacking capacity if there is clear evidence that they are unable to do the following:

-Make decisions based on the information provided to them

-Have an understanding of the information relevant to the decision and ability to retain them

-Have a clear memory of the decision made

-Act on their own behalf

How long does a guardianship order last?

A guardianship orders is normally granted for the period of three years. That being said however, the court will determine the period of time for which the order should be granted. When making the decision, the court will consider the condition of the incapacitated adults as well as their individual circumstances and review whether it would be beneficial to grant the order for a longer period of time.

What powers are granted in a guardianship order?

The powers granted through a guardianship order generally cover the financial and welfare affairs of the adult without capacity. Guardians are normally able to pay any bills on behalf of the adult, make decisions in respect of accommodation, medical treatment as well as personal care. In addition to this, they are normally able to operate bank accounts and buy and sell things.

Although the powers are comprehensive, it is vital to note that a guardianship order should not restrict the incapacitated person’s freedom any more than it is necessary.

Who can apply for a guardianship order?

Anyone who has an interest in the adult can apply for a guardianship order. This therefore means that it is not only restricted to close family members and friends of the adult can apply for the court order.

Just like with a Power of Attorney, it is possible for another person to be appointed should the initial appointee be unable to act. A substitute guardian does not need to be appointed right away and this can be done at a later stage.

It is also possible for more than one more person to apply for a guardianship order. If there is more than one person, it will ensure that the responsibility of looking after your loved ones affairs can be divided equally between two people. That being said however it is essential to note that a sheriff will normally only appoint family members as joint guardians rather than individuals who are not related.

There is also potential for a local authority to be appointed as a guardian. Prior to applying for a guardianship order, the local authority would review the individual circumstances of the incapacitated adult and should there be no one suitable for the guardianship order, they will then apply for one.

What is involved in the process of applying for a guardianship order?

Due to the legal consequences of a guardianship order, it is with no surprise that the process involved in obtaining a court order is not only complex but can also be long.

The initial stage of the application is to make the local authority aware of your intention to apply to court to be appointed as a Guardian. Once this is done, the Council will be asked to appoint someone as a Mental Health Officer to prepare a report for the court. The report will need to analyse whether a guardianship order is appropriate once an interview with the adult has been conducted. The Mental Health Officer will carry out an assessment of the adult and provide details in respect of the suitability of the individual who has applied to be appointed as a guardian for the incapacitated adult.

Following the appointment of the Mental Health Officer, additional two medical reports are instructed to confirm that the adult in question lacks capacity.

When all three reports are available, they can be lodged at the local sheriff court together with a summary application for a guardianship order.

Contact Our Guardianship Lawyers Glasgow

At Jones Whyte, our team of guardianship solicitors have many years of dealing with guardianship orders. We will ensure that the process is as smooth as possible, taking care of all requirements such as obtaining required reports, intimating the papers and appearing at court on your behalf.  We will provide you professional and efficient service, tailored to your individual circumstances and needs. To discuss you individual case today, call our office on 0131 278 3423 or contact us on here.

Take the First Step Now: Get Legal Advice

Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input