When a person cannot manage their own affairs because they are deemed incapable of doing so and a Power of Attorney has not been put in place it is often necessary for a relative or third party to apply to the court for a Guardianship Order. This often happens because a person is elderly, has dementia or has suffered a stroke which leaves them unable to deal with their own affairs.

A Guardianship is a court order granting powers to a person (the Guardian) to ensure the finances and welfare of an incapax person are properly protected and administered. The appointment process involves obtaining medical reports and reports from a social worker called a Mental Health Officer to ensure that the person is unable to manage their own affairs and also the suitability of the proposed Guardian.

A Guardianship order usually appoints a family member, accountant or solicitor who becomes responsible for the adult’s affairs both welfare and or financial.

Guardianship can be expensive but we will discuss with you the likely cost and whether any assistance might be available from the Scottish Legal Aid Board.

Please contact our experienced practitioners Craig Bennet and Lynsey Rintoul for further advice and assistance.