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.

Contact Us

    Contact Info

    Dunfermline Office
    33 East Port
    KY12 7JE

    Tel: 01383 620222
    Fax: 01383 621213

    Kinross Office
    62 High Street
    KY13 8AN

    Tel: 01577 863424
    Fax: 01577 864464
    We are open from 9.00am to 5.00pm Monday to Friday and from 9.30am to 12.30pm on Saturdays (Dunfermline only). Appointments outwith normal opening hours can also be arranged if required.

    Long stay car parking is available at Walmer Drive car park, approximately 100 yards from our offices.