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There are occasions when a Power of Attorney has not, and cannot be signed. Then the need may arise for you to seek a court appointment as Guardian to an elderly relative or friend. Our guardianship lawyers based in Glasgow, Scotland, can help you.

Guardianship Legal Advice & Administration Scotland

There is a great variety of circumstances in which a Guardian (or Intervener) may be required for the purpose of promoting and safeguarding the welfare and financial interests of an incapacitated adult.

Whenever someone can no longer make decisions on their own and provided they haven't previously granted a power of attorney, a solicitor in Scotland should be instructed to draft and implement a Guardianship Order or Intervention Order.

The following are some of the most common circumstances in which a guardianship order may be required:-

  • Through old age where elderly persons (see also our legal services for the elderly in Scotland here) have developed conditions or diseases such as dementia or Alzheimers
  • As a result of an accident or injury, such as a car accident
  • As a consequence of a brain injury or other serious injury
  • Because of serious illness
  • Through lifelong learning disability
  • Other vulnerable adults without capacity with assets, such as those people who suffer from disabilities or impairments such as hearing loss, deafness, blindness, other physical impairments or mental disabilities, or those people who have suffered an accident and need access to funds. For these people our trusts lawyers in Glasgow can also advise you on the best trust to set up.

How can our Guardianship Solicitors help you?

Regardless of the circumstances and whether you need help with finding the best elderly home care or proceeding to obtain a guardianship order itself, our guardianship solicitors for the elderly and the vulnerable based in Glasgow in Scotland can help.

Applying to Court for the Appointment of Guardian/Intervener

The application to court to appoint a guardian or intervener is not straightforward but our solicitors are specialists in this area and will help guide you through the process. The following are the standard steps before a Scottish Court will grant a Guardianship Order:-

  • We will discuss your particular circumstances to determine if a Guardianship Order or Intervention Order is required;
  • We will advise on who may be appointed as a Guardian. This may be, for instance, a friend, relative or other professionals;
  • We will explain to you the powers and responsibilities a Guardian will have. If a guardianship order is to be granted, the Guardian will be responsible for property and financial matters, or other matters relating to the vulnerable adult's welfare;
  • If necessary, we will then draft the formal application to the court (usually the local Sheriff Court) and instruct any reports that are required;
  • We will represent you through any court hearings and advise you on all other steps required either in the application process itself, such as the requirement for registration of the Guardianship Order with the Office of Public Guardian, which is a part of the Scottish Court Service; and
  • We will advise you fully on the duties following on from the successful grant of a guardianship order. We can help you with the requirements of the Office of the Public Guardian, whether that be simply advising on management and accounting procedures or running the Guardianship on your behalf.

The law in this area is governed mainly by the Adults with Incapacity (Scotland) Act 2000 and there are complexities that demand legal advice from a specialist solicitor.

Our experienced team can guide you through the labyrinth of rules and timescales to ensure that your appointment is obtained with the least possible fuss.

Based in Glasgow, Scotland, we help people across Scotland  with guardianship legal advice and representation, including people from the following Scottish towns and cities:-  Alloa, Cumbernauld, Ayr (and other towns in Ayrshire), Stirling, Clydebank, Motherwell, Glasgow, East Kilbride, Hamilton, Paisley, Falkirk, Dumbarton and Greenock.

Contact our Guardianship Solicitor in Glasgow, Alison Chisholm

To find out how our guardianship experts can help you or to arrange an initial consultation with one of the best guardianship lawyers in Glasgow, please complete our online enquiry form or contact us on 0141 248 3456.

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