The process of applying for a guardianship for an adult with incapacity is far from simple. But we use experience and sensitivity to support families and others

When an individual aged 16 or over is unable to make decisions for themselves due to mental or physical illness, and has not previously made a Power of Attorney, a guardian may need to be appointed.

The guardian could be a family member, friend, solicitor or other professional.

Once a guardianship application is granted, the guardian appointed has authority to make decisions about the person’s welfare, finances, or both.

Practical support with complex situations

Appointing someone as a guardian in Scotland requires a Sheriff Court order, and it’s not straightforward to get this. The process can be lengthy and technical with the interests of the individual being safeguarded at all stages.

Our teams are highly experienced in supporting families and individuals on guardianships, applying empathy as well as detailed legal knowledge. In some circumstances, our solicitors act as Financial guardians themselves.

Tailored advice focused on the individual

We’re always mindful that every individual is different, so if you think a loved one needs a guardianship or are looking for a guardian for someone, we’ll tailor our support to your circumstances. Generally, this will involve:

  • Taking the trouble to learn about the individual’s situation – including if they are a child who will soon reach the age of 16
  • Working with medical professionals to establish their level of capacity or incapacity and what their needs are in terms of welfare and financial decision-making
  • Drafting the application with powers that meet those needs
  • Guiding you through the processes for applying to the Court and liaising with other organisations such as the Office of the Public Guardian
  • Dealing with differences of opinion between the individual, family members, and health professionals

In many cases, help with the costs of pursuing guardianship can be sought under the Legal Aid Scheme, and we can discuss the options and cost arrangements where relevant.

Ongoing support

Once a Guardianship Order has been granted, it will need to be regularly reviewed and extensions applied for – all of which we can help with. At each step, we’ll provide a joined-up approach focusing on the individual’s current and future needs. We can also bring in support from other colleagues across the firm, for example our Private Client and Residential Conveyancing teams.

Meet the team

When a dispute lands, we help you find the most sensible way through. That might mean negotiation, mediation, arbitration or court, always with a focus on protecting your position and keeping disruption to a minimum.