We live with an increasingly aging population. This means that many families are having to deal with assisting elderly relatives who are no longer able to manage their own affairs. Many younger people also have vulnerabilities which mean they are unable to manage their affairs. The Adult with Incapacity (Scotland) Act 2000 provides a framework for the support of people over sixteen who are unable to manage their personal welfare and/or financial matters.
If a person does have capacity, they can grant another person power over their financial and/or personal welfare by way of a document known as a Power of Attorney. That document gives the attorney powers to make decisions regarding that person’s welfare and financial matters when they are no longer able to do so. It is however often the case that a Power of Attorney cannot be drawn up as the person either never had or has already lost the capacity to put such a document in place. In that situation, another person may be appointed as the Adult’s guardian with powers to make decisions on their behalf. We can give advice as to both Powers of Attorney and Guardianship Applications.
In the case of a Guardianship Application, an application has to be made to the Sheriff Court in which the Adult normally lives. Such an application can be made by one person acting as sole Guardian, or more than one acting as Joint Guardians. Children of elderly parents will often wish to work together so that the responsibility of caring is shared between them. Similarly, parents of vulnerable younger people will wish to be appointed as Joint Guardians to ensure that there is always someone available to make decisions should this be necessary. Many people are concerned that there will be substantial legal costs incurred in making such an application. However, where applicants are seeking either only welfare powers or a combination of welfare and financial powers, Legal Aid is normally available to cover legal costs. We can where appropriate make application for legal aid on your behalf, ensure that all the necessary preparatory work is done prior to lodging the Application in Court and thereafter advice and assist you in the Court process. We understand that the prospect of any court proceedings can be daunting, especially when the necessity to make such an Application can come on the back of a traumatic experience, such as a loved one being admitted to hospital. Our aim however is to assist and guide you through the whole process. Our solicitors are exceptionally experienced in dealing with these matters and undertake all necessary work on your behalf. We will intimate your intention to seek appointment as Guardian to the local authority to enable a Mental Officer to be appointed where this is necessary. We will thereafter liaise with the MHO and attend to obtaining the medical reports required by the court. After the court has accepted the Application, we will ensure that it is served on all interested parties and that the papers are returned to the court to enable the case to be dealt with as quickly as possible. We will arrange attendance at court when the case calls before the Sheriff and are routinely able to deal with such cases without requiring our clients to ever have to attend Court themselves.
Following upon your appointment as Guardian, there may be matters arising from the administration of your loved one’s estate with which we can assist. For example, if the Adult is no longer able to reside in their own home, it may require to be sold to free up funds to help pay for their care. We can attend to matters such as registering the Guardian’s interest in the Land Register, liaising with the Office of the Public Guardian and undertaking any necessary conveyancing work. We are always happy to provide Guardians with whatever support we can in relation to such matters.
Appointment as Guardian is normally time-limited and can be renewed on the expiry of the appointment. The usual length of time for a first appointment is 3 years. Where the Adult involved is an older person and their circumstances are unlikely to change, we will normally ask the court to grant a longer period to avoid our clients having to make multiple applications to renew over time. Whatever period of appointment is granted, we are able to assist in the renewal process when this is necessary
We understand that your priority is the care of your loved one and we aim to deal with all the legal aspects of the process on your behalf freeing you to concentrate on your loved one’s care.
For advice on Adults with Incapacity, Contact David Doig in Glasgow
We can assist with making such applications to court and are happy to do so under the Scottish Legal Aid Board Civil Legal Aid Scheme where this is available. To speak to one of the top family lawyers in Glasgow, contact us on 0141 530 1360.
It is often said that on family breakdown, it is the children who suffer most. We recognise that when relations between adults break down, children are undoubtedly affected. We understand that a relationship breakdown is an anxious time and that it can be difficult to focus on how any children might be affected. We aim to assist our clients in ensuring an outcome which is in the best interests of any children.
We are able to assist our clients in attempting to make suitable arrangements for the care of any children affected by family breakdowns. It is normally the case that when carers no longer live together, it is in the best interests of any children that they maintain relations with both parties. We recognise however that it can be difficult for clients to make such arrangements themselves at a time of heightened emotions. We understand that every family is different and there is no “one size fits all” solution. We listen to our clients and provide them with practical advice to assist them in considering the best way forward for them and their children.
Child Care Issues - Family Lawyers Glasgow, Scotland
Our aim is to assist our clients to find a resolution to any issues outwith the court process. We appreciate that if carers are able to find a solution themselves, rather than have one imposed on them by the court, it is more likely to be successful in the long term. It is often the case that carers will have to have a relationship with each other as parents for many years after their personal relationship has ended. Each carer will also have their own individual relationship with their child. Our aim is to assist our clients in formulating arrangements that ensure their children are able to benefit from the decisions made by their carers. Key to that is ensuring that the individual bonds between child and carer are nurtured and developed. We attempt to resolve matters outwith the Court process if possible. We recognise that becoming engaged in potentially protracted and contentious court proceedings should be a last resort. If that should become necessary however, we have a wealth of experience in representing our client’s interests before the Court. We are able to represent our clients throughout the whole process, offering support and advice from the inception of the action through to Child Welfare Hearings and Proof if necessary.
We live in an increasingly mobile society. It can be the case that following separation, one parent or another may look to move out of the area perhaps due to work commitments. Occasionally, one party may look to move to another country altogether. Such moves can have implications for any child care arrangements carers have already put in place. In particular, a proposed move can affect one carer’s ability to maintain direct contact with their child. Where a child has a close and loving relationship with that carer, it might be said that it is not in the child’s best interests to move. The adverse effects that such a move would have particularly in relation to maintaining contact might outweigh any advantages. Conversely, there may more positives for the child to a proposed move than negatives. We can assist our clients in re-negotiating any existing arrangements with a view to minimising the impact of any proposed move. If negotiations are not successful, we can assist our clients in raising any necessary proceedings in court.
We understand that the financial support of children can be a worry after separation. We aim to assist in alleviating such concerns by incorporating provision for child support into any Separation Agreement which deals with broader financial matters. Where parents cannot agree on the level of maintenance to be paid, a referral to Child Maintenance Options would need to be made to enable that body to assess the appropriate level of ongoing maintenance. The Courts in general do not deal with matters relating to ongoing maintenance but if there are issues in relation to matters such as the payment of school fees, the Courts still have an ability to adjudicate and we are happy to assist with this.
There can often be issues relating to the maintenance of older children, particularly those in full-time higher education. More and more people are attending university or college for either academic courses or vocational training. Although student loans are available, children over the age of sixteen and under twenty-five who are unable to support themselves financially are able to look to both parents for assistance. There is no set amount that parents are obliged to pay. It very much depends on how much the child reasonably requires to live and how much each parent can afford to contribute to their child’s upkeep. The obligation to support might be fulfilled by a parent providing board and lodging. However, where one parent does not contribute financially and can afford to do so we can advise on the child’s rights to pursue a claim for maintenance and if necessary, take that matter through Court.
Contact one of the top Child Contact & Child Residence Solicitors in Glasgow, David Doig
For more advice on children and the law, contact us on 0141 530 1360.
We recognise that the breakdown of a relationship is one of the most traumatic experiences a person can go through. When things go wrong, it can be difficult to focus on the practical issues arising from the separation. Our aim is to provide you with practical and sensitive advice in relation to all aspects of the separation from financial matters through to childcare issues. We are on your side. We understand that at such an anxious time, you need advice on the legal options open to you, delivered with the reality of your own situation in mind. Our goal is to provide our clients with practical and personally- tailored solutions to the issues which confront them in such situations. We aim to ensure that our clients emerge from a stressful period in their lives equipped as well as possible to progress to the next stage.
We understand that dealing with separation can be a daunting prospect. Many people have children for whom arrangements require to be made. There may be joint finances which require to be dealt with. Uncertainty surrounding both the immediate future and longer term can cause stress. We understand that it can be difficult to see a clear path forward. Our aim is to deal with these issues sensitively and to provide our clients with sound and practical legal advice.
Divorce, Civil Partnerships & Separation Solicitors Glasgow, Scotland
In Scotland, financial matters between separating parties should be resolved either before or at the same time as they divorce. It is not always necessary to proceed to Court and in many cases an Application to Court will be a last resort, only pursued when a negotiated settlement cannot be achieved. We aim to assist by providing advice to assist you in resolving matters by way of a written Separation Agreement. Such an Agreement can regulate how financial matters are dealt with, such as what should happen to the family home. We can guide and advise you through settlement negotiations, reduce any settlement terms agreed to writing, and assist you in ensuring that those settlement terms are implemented.
The aim of the legislation is to achieve a “fair” division of the value of any matrimonial assets. Matrimonial property is, broadly speaking, anything of value which you or your spouse have acquired during the course of your marriage, from the date you were married until the date you ceased living together as spouses. Similarly, matrimonial debts are debts either of you have acquired during the course of your marriage. You each have a right to a share of the value of the assets and each have a responsibility to bear a share of the debts. In the first instance, a fair share is considered to be a half share.
One of the first steps we take is to find out the nature and extent of any matrimonial assets and liabilities. Assets might include, for example, the family home, bank accounts in the names of either or both of the parties, vehicles, endowment-type life policies, stocks and shares, ISAs and pension entitlements. Debts might include mortgage obligations, loans and credit card debts.
We can assist in advising whether any particular asset or debt is in fact matrimonial for the purposes of the legislation. There are a number of exceptions to the general rule that property or debt acquired during the course of the marriage is considered matrimonial. For example, property acquired by way of gift or inheritance is not of itself matrimonial property. Debts that were accrued by one party without the knowledge or consent of the other party and which were not run up for normal household purposes may not be matrimonial debts. Many people assume that the family home is automatically considered to be matrimonial property. However, if the home was bought by only one of the parties before they considered marriage, it may not be.
Once we have established what precisely the matrimonial assets and liabilities are, we can then assist in obtaining valuations. For some assets, this may be very simple, eg obtaining a bank statement to prove the balance at a particular time. Other assets are more difficult to value. For example, in relation to a pension, a Cash Equivalent Transfer Value (CETV) is required. This is not something that is normally provided in routine literature from the pension provider. Further, the pension may have been started before the marriage. We can assist in ensuring that any valuation is properly apportioned so that is only reflects the value of the pension attributable to the course of the marriage.
Once the value of all the assets and liabilities has been established, we can enter into negotiations to determine how the value of the assets can be allocated between the parties. The legislation provides that the matrimonial property can be divided by various means, including by way of a property transfer order, payment of a cash sum and pension-sharing. At the outset, we find out what our clients’ priorities are. We then work towards a resolution that achieves those priorities. For example, a party may wish to have title to the jointly owned family home transferred into his or her sole name. This might be achieved by that person offering a cash sum representing the other party’s share in the equity in exchange. A party may wish to secure a future pension entitlement and may therefore forego payment of a cash sum in exchange for a pension share. We understand that each client has different expectations and requirements for the future. We always bear these in mind when negotiating.
Where it is not possible to negotiate settlement, we are experienced Court practitioners and are happy to progress matters through Court. We understand that most people have never required to enter a Court process and that this can be a particularly daunting prospect. Our experienced solicitors are sensitive to this and will assist and advise along every step of that process.
Contact our Separation and Divorce or Dissolution of Civil Partnership Solicitor in Glasgow, David Doig
Where it is not possible to negotiate settlement, we are happy to progress matters through court and will assist and advice along every step of that progress. To speak to one of the best family lawyers in Glasgow, contact us on 0141 530 1360.
The future is uncertain for all of us. We all seek whatever reassurance we can regarding what might happen in the future. More and more couples are choosing to enter into Pre-nuptial Agreements to regulate financial matters should they separate in future. Whilst it may appear unromantic, many people feel that an honest discussion regarding their finances enables them to have a more trusting relationship with their partner during the course of the marriage. A Pre-nuptial Agreement can provide both parties with clarity as to how any assets might be divided should they separate in future. It can reduce the risk of protracted and expensive litigation in the event of your separation. It allows both parties some measure of certainty as to their separate futures going forward.
It is often the case that we represent clients entering into their second or subsequent marriage. There may be children of a previous marriage to be considered or they may have accumulated substantial assets which they wish to protect. A Pre-Nuptial Agreement can “ring-fence” certain property you bring to a relationship in which you might wish to ensure is excluded from any future financial settlement in the event of a relationship breakdown. It may also be possible in a Pre-Nuptial Agreement to make provision for how assets that are acquired during the course of your marriage to be dealt with.
Family Lawyers Glasgow City Centre, Scotland
Many clients query the legality of such agreements. It was previously the case that their legality was uncertain However, it is now the case that a properly drafted pre-nuptial agreement is fully binding on the parties entering into it. It is crucial that the terms of a prenuptial agreement are fair and reasonable on both parties and proceed on a full understanding of each parties respective financial position. Any agreement that does not fulfil those criteria is open to challenge by an aggrieved party in future. We advise our clients fully regarding their rights and obligations before entering into negotiations on their behalf. We recognise that any negotiations require to be dealt with sensitively, given that our client intends to marry the person with whom they are negotiating. Our aim is always to ensure that our client’s financial interests are protected and promoted whilst respecting their wider interests.
Of course, many people decide not to marry and simply to live together. Until recently, co-habitants had virtually no rights to make financial claims on each other, sometimes causing great hardship. There was a recognition of the inequities this could cause In Scotland therefore legislation was passed giving co-habitants certain limited rights to make claims for financial provision when their co-habitation ends. However, those claims are different and more limited than those available to married couples and must be pursued through the court within very strict time limits.
In the event of one co-habitant dying, the surviving partner can find themselves with no automatic rights to any part of their partner’s estate if there is no will. A claim against the deceased partner’s estate might be pursued through the Court, but this requires to be raised within 6 months of the partner’s death. Pursuing such a claim can cause a great deal of upset and distress at an already difficult time. There is no set amount or percentage of the estate which can be claimed but a surviving co-habitant cannot be placed in any better a position than if the parties had been married. The only claim which can be made is for a cash payment from the estate. It is not possible for example to ask the court to transfer title to the deceased’s house to the surviving partner if it was in the deceased’s sole name, even if that had been used as a family home. This might result in a surviving partner requiring to vacate their home.
If the co-habitation ends other than by one party’s death, both parties have the right to make claims on each other. Any claim requires to be pursued through the courts within one year of the co-habitation ending. There is no presumption that both parties are entitled to a half share of any property acquired during the course of their co-habitation. If a party wishes to make a claim, they have to show that the other party has enjoyed an economic advantage whilst they have sustained an economic disadvantage. The amount of any claim they may have is limited to this. Only a cash sum can be claimed and there is no provision for the court to make any other type of award, such as a property transfer order.
Entering into a Co-Habitation Agreement can regulate how financial matters should be resolved in the event of your relationship ending either through separation or death. Such an agreement can, for example, make provision for assets to be ring-fenced or for a surviving co-habitant to have the right to remain in a house in the event of the other party’s death.
It is also sometimes the case that a married couple may decide after their marriage that they should have entered into a Pre-Nuptial Agreement prior to tying the knot. It is not too late for them to enter into an Agreement. Such an Agreement is called a Post-Nuptial Agreement and can regulate financial matters should they separate in future.
We are happy to assist our clients in entering into such Agreements. We fully understand that our clients remain in a relationship with their partner. Our aim is to provide clear headed and dispassionate advice regarding your rights and responsibilities whilst at the same time recognising the sensitivity of the situation. Our aim always is to provide our clients with the best advice with a view to protecting their position going forward whilst recognising that they are not in an adversarial situation with their partner. Our aim always is simply to ensure that our clients achieve a fair and reasonable settlement should the relationship break down or end.
Contact our Pre-nuptial, Post-nuptial & Co-habitation Agreements Solicitor in Glasgow, David Doig
If you are contemplating marriage or moving in with someone and require sensitive advice, we are happy to assist. To speak to one of the top family lawyers in Glasgow, contact us on 0141 530 1360.
