How To Set-Up A Guardianship Order In Lanarkshire And Scotland

Before applying for a guardianship order in Lanarkshire or Scotland, like many legal processes you should always seek independent legal advice. At your appointment, you can determine if this will help the adult in question and that it’s applicable for their circumstances.

You must make your application for to your local sheriff court in the area in which the adult lives by summary application’. The majority of people instruct a solicitor to make the application for them which allows them to get help and advice throughout the process.

The application has to be supported by 2 medical reports and an additional report. This report will depend on the type of powers being sought, e.g welfare powers, fiscal powers or a combination of both.

If the welfare powers are being applied for then the report will be completed by a internal health officer using from with the local council. The order, formerly granted by the sheriff, states what the appointed person, called a guardian, can actually do. If the person can still understand and explain their wishes then you may wish to consider Power of Attorney.

  • paying any sort of bills
  • dealing with the individuals bank accounts
  • making opinions about care and particular weal matters

A guardianship order can be granted to handle property and fiscal matters, personal welfare , or just a combination of these years. For further information on child law please have a look at our dedicated section

Why Guardianship Might Be Required

Still, you might need legal authority to undertake certain decisions for them, If a grown-up has incapability and is unfit to make decisions. However, an application for a guardianship order can be a way to help with making opinions, If there is nothing legal formerly in place – like a power of attorney – giving you or someone additional power to do those effects

Guardianship is likely to be more suitable when opinions need to be taken over a longer period of time for an adult with incapability.

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