Guardianship Order Lawyers Aberdeen

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A guardianship order is a legal order that gives a person the power to act on behalf of a person who lacks the capacity to look after themselves. Guardianship orders are most commonly applied for when an elderly parent becomes infirm and needs a child or other relative to act for them. However, there are many situations where guardianship orders are applied for, such as a when a disabled child reaches adulthood and needs an adult to assist them with making decisions about their welfare or finances.

Guardianship orders are different from Powers of Attorney as a guardianship order can only be granted if the person does not have the capacity to take care of their own affairs.

Who Can Apply to Be a Guardian?

It is most common for a close family member to apply to a guardian. However, a family connection is not required and the guardian and application can be made by a friend of the adult or a person acting in a professional capacity such as a solicitor.

More than one person can be appointed to act as the adult’s guardian.

Guardianship Order Process

Many people find the process of applying for guardianship daunting as it involves ordering reports and communication with the court, the local authority and other bodies. For this reason, many people find it best to instruct a solicitor to assist them with the process.

The first step in applying for guardianship is to lodge an application at the Sheriff Court closest to where the adult lives.

This application must also be accompanied by two medical reports which assess the adult’s capacity. There must also be a suitability report which assesses the proposed guardian’s suitability.

What Powers Does a Guardian Gain?

The powers will depend upon the type of guardianship order that has been applied for.

Financial powers can include:

Operating the adult’s bank accounts on their behalf;
Claiming benefits and dealing with tax on behalf of the adult;
Buying and selling the property on behalf of the adult.

Welfare powers include:

Deciding where is best for the adult to live;
Making decisions about the healthcare the adult receives.

A guardian may apply for welfare powers, financial powers or a combination of both.

A court will only grant the powers it considers are necessary because the rationale behind the law surrounding guardianship is that there should be the minimum amount of intervention in the adult’s life as possible. It is important that the right powers are asked for in the court action and it is sensible to discuss these with a solicitor to ensure that the order you get from the court ultimately is fit for purpose.