Guardianship Order Solicitors Ayr, Troon, Kilmarnock, Irvine, Stranraer, Dumfriesshire and Glasgow
At McLennan Adam Davis, we understand how important it is for you to be able to look after your loved ones. Looking after adults within your family or personal circle who cannot look after themselves can be challenging and it is important that you have the right legal support in place.
What is a Guardianship Order?
In Scotland, it is possible to apply for a Guardianship Order to help you look after an adult with incapacity. Broadly speaking, this is for adults (anyone over the age of 16) who are not able to make decisions about their affairs.
A Guardianship Order is a Court order which gives someone the right to make decisions for an adult with incapacity. If you think this might be appropriate for your situation, you should speak to a lawyer as soon as possible. We can advise whether this would be in the best interests of the adult with incapacity, as well as what powers you will need to ask the Court for. We have extensive experience in this field and will be happy to guide you through what can be a daunting process.
In terms of what will be required to obtain a Guardianship Order, your application to the Court will need to list what powers you are seeking. These can include welfare powers, such as being able to make decisions about where the adult lives and how their health care is managed. It can also include financial powers, such as the ability to manage the adult's bank accounts.
When your application is submitted to the Court, it will be considered by a Sheriff. The Sheriff will have other evidence presented to them – including medical reports – so they can understand the background to the case and the needs of the adult. The Sheriff will decide how long the Order will be granted for, with the standard period of time being around 3 years.
The supervision of Guardians varies depending on the type of powers they are exercising. The local council supervises Welfare Guardians, and the Office of the Public Guardian supervises Financial Guardians. If you are applying to become a Guardian, it is very important that you understand what powers you have, how these can be used and how you are accountable.
Contact our Guardianship Solicitors Ayr, Troon, Kilmarnock, Irvine, Stranraer, Dumfriesshire and Glasgow
At McLennan Adam Davis, from the minute you contact our team we start working hard for you. We understand that it can be challenging to make decisions about the best way forward in situations where Guardianship may be necessary. We are experts in this process and able to advise you on all the options available, to make sure you make the right decision for you and your family.
We are committed to providing high quality, expert advice, at affordable prices, to our clients throughout Ayrshire. We can be contacted by telephone on 01292 844 374 or via our online enquiry form, and a member of our dedicated team will get back to you right away. We’re here to help.
