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What is a Guardianship Order?

A guardianship order is made by the court to allow a person to act and make decisions on behalf of an adult with incapacity. Anyone with an interest in the adult’s life can make an application for a guardianship order. Guardianship can be applied for three months before the 16th birthday of a child.  An adult with incapacity is someone who is not capable of making decisions for themselves. 

With an increasing aging population, the number of people with dementia is increasing.  When an adult suffers from a mental illness or another disability that affects their capacity to make decisions, it is important that the right person is appointed to make those decisions for them.  The appointment has to be of benefit to the adult and be the least restrictive option in relation to their personal freedom.  There are two types of Guardian, a Welfare Guardian who makes decisions regarding an adult’s welfare and a Financial Guardian who manages and adult’s finances.  You can apply for either or both at the Sheriff Court.  A guardianship order is generally granted for 3 years but it can be made for more depending on the circumstances of the case. 

The Mental Welfare Commission of Scotland has noted a huge increase in applications for Guardianship orders at court.  Applying for Guardianship is a complicated process which requires both medical and social work reports.  Our department can help you through this process. Legal aid is available to cover court costs when applying for Welfare or Welfare and Financial Guardianship.

Contact our Guardianship Order Solicitors Edinburgh

Our department also regularly represents adults or other parties who wish to oppose the appointment of a guardian. Legal Aid might be available for this purpose too. Sometimes, guardianship is not needed and there are lesser restrictive options available such as an intervention order. You can find out more information from The Office of the Public Guardian’s Website. Contact us today or call us on 0131 341 2664.

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