A Guardianship order is an order granted by a court. The order allows someone to make decisions for another Adult where that Adult has been deemed as “lacking capacity” and is unable to make their own decisions. This may be after a diagnosis of dementia, congenital cognitive impairment or brain injury as a result of being involved in an accident.
An application for Guardianship ensures a suitable person is appointed to act on behalf of another. An application can be made by a family member, close friend, or if there is no suitable individual able or willing to act, the Local Authority may apply to be Guardian. More than one person can apply to be a Guardian for an Adult. If more than one person wishes to apply, they can be appointed to act jointly as Guardians.
If you find yourself in a position where you need to apply to be a Guardian, the process can seem daunting. During an initial appointment with us we will explain the whole process and answer any questions you may have. We will discuss the kind of Guardianship required, whether this will be a Guardianship with welfare powers, financial powers or both. We will ask you about the Adult and help you determine the kind of powers that you will need to safeguard their welfare.
- Welfare Powers are set out to allow people to make decisions about the Adult’s care, where they live and other medical decisions.
- Financial Powers are set out to allow you to assist in managing the Adult’s legal affairs, their bank accounts, investments and their property.
Process
Applying for Guardianship can be a lengthy process but our team are very experienced and will ensure that you are kept updated and informed each step of the way. We will explain timescales and obtain all of the reports required to make the application.
Costs
Civil Legal Aid is available for all Guardianships where welfare powers are sought. This is granted on a non-means tested basis. Civil Legal Aid covers all work relating to the court action and outlays. We charge a fixed fee for the work required before Civil Legal aid is granted and we can confirm this fee at the outset. This fee is paid from the Adult’s estate.
If an application is for financial powers only, Legal Aid is not automatically available, and eligibility for legal aid will be assessed at your appointment. The costs of the application will be borne from the Adult’s estate.
There are a number of responsibilities and rules that must be complied with as both Welfare and Financial Guardian and for further information about this, you can visit https://www.publicguardian-scotland.gov.uk/guardianship-orders/about-guardianship-orders/duties-as-a-guardian
Contact us
If you wish to discuss Guardianship, please give us a call or send us an email and we would be happy to assist you.