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How to set-up a guardianship order in Lanarkshire and Scotland


Before applying for a guardianship order in Lanarkshire or Scotland, like many legal processes you should always seek independent legal advice. At your appointment, you can determine if this will help the adult in question and that it’s applicable for their circumstances.

You must make your application for to your local sheriff court in the area in which the adult lives by summary application’. The majority of people instruct a solicitor to make the application for them which allows them to get help and advice throughout the process.

The application has to be supported by 2 medical reports and an additional report. This report will depend on the type of powers being sought, e.g  welfare powers, fiscal powers or a combination of both.

If the welfare powers are being applied for then the report will be completed by a internal health officer using from with the local council. The order, formerly granted by the sheriff, states what the appointed person, called a guardian, can actually do. If the person can still understand and explain their wishes then you may wish to consider Power of Attorney.

What is a Guardianship Order

A Guardianship order in Scotland is a court appointment which authorises a person to act and make decisions on behalf of an adult with incapacity. Anyone with an interest can make an application for a guardianship order.

After taking legal advice, if the application is considered to be both applicable and beneficial to the grown-up, the application should include a list of the powers you need to allow you to look after the adult’s affairs. Powers can be requested to deal with the grown-up’s property and/ or financial affairs and/ or to make important decisions on their particular affairs.

Depending on the grown-up’s condition and circumstances, the Sheriff will decide how long the order should last. It’s usual for orders to be granted for a period of 3 years; still it might be granted for a longer period of time or indeed for the continuance of the person 16 plus.

Children about to reach the age of 16

For those children who are due to turn the age of 16, you can apply in Lanarkshire and Scotland for a guardianship order up to three months before their 16th birthday. This means that the guardianship order can take effect on the date of their birthday.

A guardianship order allows someone to make ongoing views and opinions on behalf of an adult who has been deemed to be incapable of drawing their own conclusions, like

  • paying any sort of bills
  • dealing with the individuals bank accounts
  • making opinions about care and particular weal matters

A guardianship order can be granted to handle property and fiscal matters, personal welfare , or just a combination of these years. For further information on child law please have a look at our dedicated section

Why guardianship might be required

Still, you might need legal authority to undertake certain decisions for them, If a grown-up has incapability and is unfit to make decisions. However, an application for a guardianship order can be a way to help with making opinions, If there is nothing legal formerly in place – like a power of attorney – giving you or someone additional power to do those effects

Guardianship is likely to be more suitable when opinions need to be taken over a longer period of time for an adult with incapability.

 

If you need help or advice then please completed the form on the page or call us on 01698 747171