At Wright & Crawford, we are experts in working with and for adults with incapacity. A key area of our work involves guardianship orders. A guardianship is appropriate where someone needs to be able to act and make decisions on behalf of an adult with incapacity. To do so, a guardianship order must be sought from the court. This will allow the relevant person to look after the adult with incapacity, for example, in terms of managing decisions about their welfare, property and bank finances.
In order to apply to the court for a guardianship order, it is necessary to show that the person applying for an order has an interest and that the application is beneficial to the adult with incapacity.
It will also be necessary to list, in the application, the powers that the Guardian is seeking. It may be that you will need powers to manage the adult's financial affairs or welfare, or you may need powers to do both. A lawyer can advise you on what powers are likely to be appropriate in your circumstances.
A Sheriff will then consider the application. Two medical reports about the adult will accompany the application. There will also be another report which will vary depending on the powers being applied for. The Sheriff will decide how long the guardianship order will apply for.
Once the guardianship is granted, the local council has a duty to supervise welfare guardians, and the Office of the Public Guardian has a responsibility to supervise financial guardians. This system helps to safeguard against any impropriety.
We understand that navigating the court process can be challenging and daunting for many families and friends of an adult with incapacity. We also know that you want to make sure your loved one is protected and cared for, both financially and personally.
At Wright & Crawford, we have been working with vulnerable clients for over 100 years. We pride ourselves on being both knowledgeable and sensitive to our clients’ needs. We have solicitors who act as financial guardians and are therefore ideally placed to advise on this area of law. Our expert team is led by Mark Ralston, who is a specialist in guardianship cases and is accredited by The Law Society of Scotland as a specialist in Incapacity and Mental Disability Law.
Contact our Private Client Solicitors Paisley and Bearsden, Glasgow
Wright and Crawford have offices in Paisley and Bearsden and cater for clients throughout Glasgow and Renfrewshire. If you have any queries relating to Guardianship or Incapacity, please contact our team today. To find out more about what we can do for you, contact our private client team on 0141 942 3764 for our Glasgow office, 0141 887 6211 for our Paisley Office or use our online contact form.