Guardianships
Safeguarding the wellbeing and legal protection of vulnerable loved ones.
Understanding Guardianship and Why It Is Important
If someone loses the ability to make decisions for themselves due to illness, injury, or disability, important choices about their health, welfare, and finances still need to be made. In Scotland, if no valid Power of Attorney is in place, you may need to apply to the Sheriff Court for a Guardianship Order.
A Guardianship Order grants you the legal authority to act on behalf of an adult who lacks capacity, ensuring their needs are met and their affairs are properly managed. Legal Aid may be available for guardianship applications, and we can advise you on eligibility.
I highly recommend Jennifer Hunter to support anyone through the process of guardianship. She responded to all of my contacts and questions promptly and guided me through the full process. Having a solicitor who was knowledgeable, prompt to respond and friendly made this application so much easier.
DP
When Guardianship May Be Required
A Guardianship Order may be necessary when an individual has lost the ability to make decisions due to conditions such as dementia, Alzheimer’s disease, a brain injury or stroke, a learning disability, or another condition that affects decision-making ability. In these situations, an individual may no longer have the capacity to manage their health, finances, or personal affairs.
Guardianship is also required if a valid Power of Attorney was not granted before the individual lost the capacity to make decisions for themselves. If you believe a guardianship may be required, seeking advice at an early stage can help protect your loved one’s interests.
Types of Guardianship
Allows decisions to be made about care, medical treatment, and living arrangements for the individual.
Provides authority to manage money, property, and financial affairs on behalf of the individual.
Covers both welfare and financial matters, giving comprehensive authority where required.
Our Guardianship Services Include
We prepare and submit the necessary application to the Sheriff Court, ensuring the process is handled correctly and efficiently.
We coordinate with medical professionals and social work services to obtain the reports required by the court.
We clearly explain your legal responsibilities so you feel informed and confident in carrying out your role.
If objections arise, we provide advice and representation to help resolve matters appropriately.
We assist with renewals or amendments where circumstances change or ongoing authority is needed.