What is a guardianship order?

A guardianship order is a Court appointment which authorises a person to take action or make decisions on behalf of an adult with incapacity.

A guardianship order can be in relation to property and financial matters, personal welfare, or a combination of both. Guardianship is likely to be more suitable where the adult has long-term needs in relation to these matters.

The standard term for a guardianship appointment is 3 years, although the Sheriff has the discretion to make the appointment for a longer or shorter period.

We can help you through this complicated process by making the application to the Court, ensuring that all the statutory reports are lodged, obtaining caution (an insurance bond) and representing your interests at Court.

If you are applying for a guardianship order relating to an adult’s personal welfare, we can apply for CIVIL LEGAL AID for you to help with legal costs..

The Office of the Public Guardian supervises financial guardians. For more information you can visit the OPG’s website http://www.publicguardian-scotland.gov.uk/whatwedo/guardianship_order.asp or telephone our office to make an appointment with our experienced Adults with Incapacity lawyer, Paul Gostelow.