Civil Legal Aid covers all correspondence, meetings and telephone calls in connection with the court application. Because of the complexity involved with the application process most people use the services of a solicitor to make the application to the court. Your application is lodged with the sheriff court in the area where the adult lives. Any Or you can apply online using our new application form and we fill send you further details by email. In certain circumstances, the Sheriff will have the discretion to accept medical reports which are more than 30 days old. By continuing to use this site, you agree to our use of This is a court appointment which authorises a person to act and make decisions on behalf of an adult with incapacity. Summary of provisions Principles. Where the applicant is someone other than the local authority, this is often referred to as a private guardianship application. The solicitor will provide guidance and seek information from you and others to make sure the granting of an order will be appropriate and that the powers asked for are sufficient. Guardianship orders are often granted for 3 years or, in certain circumstances, may be granted for a longer period. The local council has a duty to apply for financial guardianship: if there's nobody else willing to apply; if the order would be necessary to protect the adult or their property or finances; How long guardianship can last. (). For a parent: Where a parent has guardianship s/he has the full collection of rights and duties in respect of her/his child. This report will depend on the type of powers being sought, for example welfare powers, financial powers or a combination. A Guardianship Order gives a guardian power to make decisions on behalf of another person who lacks the legal capacity to make such decisions themselves, usually as the result of mental or physical illness.. Family Law Glasgow are a team of trusted and friendly solicitors who handle all enquiries with care and compassion. Your solicitor will start to draft the application and arrange for the necessary reports. The local council has a duty to supervise welfare guardians. The law relating to guardianship is governed by the Adults with Incapacity (Scotland) Act 2000. You can make an application with someone else. The Adults with Incapacity (Scotland) Act 2000 provides a framework for safeguarding the welfare and managing the finances of adults (people aged 16 or over) who lack capacity due to mental illness, learning disability, dementia or a related condition, or an inability to communicate. If a relative or friend has lost the capacity to deal with their own affairs due to a recent accident or illness then a Guardianship or Intervention order will be required where there is no Power of Attorney in place. Guardianship Solicitors Glasgow, Scotland: Guide to Guardianship Orders. When we receive our copy we will read through the information and let the sheriff know if we have any observations to make. Guardianship Order Solicitors Paisley & Glasgow, Scotland We understand that it’s upsetting and confusing when someone close to you is no longer able to make important decisions. 1. Before applying for a guardianship order, you should seek legal advice to make sure the appointment will help the adult in question and that it's appropriate for their circumstances. Your cookie settings have been saved. If welfare powers are being applied for, the report will be completed by a mental health officer from the local council. data collected is anonymised. The law concerning guardianship orders is found principally in the Adults with Incapacity (Scotland) Act 2000 (the “Act’). Your application requires to be accompanied by 3 specific reports: The preparation of the reports, interviews or examination of the adult must have taken place no more than 30 days before the application is lodged. COVID-19 - We are open for business and ... Our solicitors have extensive experience in applying for guardianship orders and are able to ensure that the process is as simple as it can be. site to work. This is known as a joint claim. If you are applying for financial powers, we will write to you and send our leaflet to introduce who we are and explain more about what you could be expected to do once appointed as financial guardian. You may have to pay: legal costs if you employ a solicitor to help with the application to court; fees for medical reports; court fees to lodge the application; a fee for registering the order; As this is a legal procedure, it's recommended that you take legal advice and help from a solicitor. 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