Lawyers who safeguard and protect
A guardianship order may be necessary if an adult does not have the capacity to make decisions for themselves. Our guardianship order lawyers can guide you through the application process to secure an order.
For immediate assistance, please either call us on 0141 478 9090 for our Glasgow office, 01224 002 556 for our Aberdeen office or Click here to make a free online enquiry.
Guardianship Orders
A guardianship order gives you the authority to act on behalf of an adult who is unable to make their own decisions. The incapacity could be due to an accident, a sudden onset illness, a long-term health condition, or learning difficulty.
A guardianship order can only be made if an adult is 16 or over and where the court is satisfied that the adult cannot make ongoing financial or welfare decisions for themselves.
Types of Guardianship Order
There are two types of guardianship orders:
- Financial – the guardian manages the adult’s finances, such as paying household outgoings or care home fees out of the adult’s bank account or by signing the paperwork to sell the person’s home to fund care home fees or other expenses.
- Welfare – decisions such as whether the adult should be supported to live at home with a care package or move to a residential home equipped to meet their needs or decisions on the type of medical treatment the adult should receive.
Applying For a Guardianship Order
You do not need to be related to an adult to apply for a guardianship order. Anyone, such as a family friend, can make the application if they want to safeguard an incapacitated adult. An application may be prompted because you do not think a relative with dementia is coping or because you are concerned that a vulnerable adult without capacity is being taken advantage of as there is no one safeguarding their interests.
Applications for guardianship orders can be made by an individual or jointly with another person. You can also ask the court to appoint a substitute attorney if the original one can no longer act. A local authority can apply for the order if they believe it is necessary to protect an adult who does not have the capacity to make their own decisions and no one else wants to make the application.
The Guardianship Order Application Process
The stages of the application process are:
- Inform the local authority about the planned application.
- Appointment of a mental health officer (MHO) by the local authority. The MHO assesses the adult, looks at your suitability to act as guardian and reports to the court.
- You obtain two medical reports to evidence that the adult does not have capacity.
- The application and evidence for a guardianship order are lodged in court. Interested parties are notified about the application. For example, the spouse or parent of the adult. A safeguarder may be appointed by the court to represent the adult’s interests.
- Court hearing where the sheriff decides if an order is appropriate and the length. An order normally lasts three years, but an interim order or an indefinite order can be made depending on the circumstances.
- Registration of the guardianship order with the Office of the Public Guardian Scotland (OPG). The OPG sends a copy of the registered order to the guardian as well as to the adult and the local authority. The OPG supervises guardians and ensures they are acting in the best interests of the adult. In financial orders, an OPG caseworker is appointed to monitor the guardianship.
Guardianship Order Lawyers Glasgow, Aberdeen, Scotland
The process of obtaining or opposing a guardianship order can be complex. Our experienced guardianship order lawyers can guide and support you through the application process and advise on the responsibilities of a guardian.
For immediate assistance, please either call us on 0141 478 9090 for our Glasgow office, 01224 002 556 for our Aberdeen office or Click here to make a free online enquiry.