Guardianship Order Lawyers in Scotland

If you are concerned about the welfare or financial affairs of a loved one who can no longer make decisions for themselves, a Guardianship Order may be the solution.

At Adairs Solicitors, we have extensive experience helping clients navigate the legal process of obtaining Guardianship Orders. Contact us today to discuss your situation and let our team guide you through the next steps.

What is a Guardianship Order?

A Guardianship Order is a legal mechanism that allows an appointed individual (the guardian) to make decisions on behalf of an adult who lacks capacity. This may be due to illness, disability, or an injury that prevents them from managing their own welfare or finances. The order is granted by the Sheriff Court and can cover a range of responsibilities, including living arrangements, medical care, and financial management. Guardianship Orders are often necessary when no Power of Attorney has been put in place before the individual lost capacity. They ensure that someone trusted is legally authorised to act in the best interests of the adult.

When is a Guardianship Order Needed in Scotland?

A Guardianship Order may be required in situations where:

• An adult has lost the ability to make decisions due to conditions such as dementia, brain injury, or severe mental illness.

• There is no existing Power of Attorney to manage their affairs.

• Decisions about their welfare, finances, or medical treatment need to be made urgently.

The Adults with Incapacity (Scotland) Act 2000 governs these orders and ensures that any intervention is in the adult’s best interests and as minimally restrictive as possible.

How to Apply for a Guardianship Order in Scotland

Applying for a Guardianship Order involves several steps:

1. Gathering Reports: You will need medical reports confirming the adult’s incapacity and a suitability report from a Mental Health Officer (provided by your local authority).

2. Submitting an Application: The application must be lodged with the Sheriff Court in the area where the adult resides.

3. Court Hearing: The Sheriff will review all evidence and decide whether granting an order is appropriate.

The court will only grant an order if it is satisfied that it benefits the adult and represents the least restrictive option for managing their affairs.

Responsibilities of a Guardian

Once appointed, guardians have significant responsibilities, which may include:

• Financial Powers: Managing bank accounts, paying bills, handling property transactions, and ensuring financial stability.

• Welfare Powers: Deciding on living arrangements, consenting to medical treatment, and ensuring proper care.

Guardians are supervised by relevant authorities such as the Office of the Public Guardian (for financial matters) or local councils (for welfare issues). Regular reporting ensures accountability and compliance with legal obligations.

Why Choose Adairs Solicitors?

At Adairs Solicitors, we understand that applying for a Guardianship Order can feel overwhelming. Our experienced team provides clear guidance at every stage, from preparing reports to representing you in court. We serve clients across Dumbarton, Helensburgh, Clydebank, Balloch, Alexandria, and beyond.

Contact Us Today

If you need advice on Guardianship Orders or wish to start an application process, contact Adairs Solicitors today. Call us on 01389 767 625 or complete our online enquiry form. Let us help you protect your loved one’s interests with expert legal support.