Guardianship

What is a Guardianship Order?

It is a court order granted under the Adults with Incapacity (Scotland) Act 2000. This order is made at the sheriff court and will state who has been appointed by the Sheriff to look after the welfare and wellbeing of an individual who has been confirmed as lacking capacity to do this for themselves. The order will say what the appointed person, called a guardian, can actually do.

The order could allow a guardian to manage on an ongoing basis the financial and/or welfare affairs of an adult who is unable through incapacity to deal with these matters.

Would I be able to help my partner or relative without a guardianship order?

Depending on the nature of the decisions which need to be made, you may not have the automatic right to take actions on behalf of someone who is unable of doing so for themself. If there is not already something in place, such as a Power of Attorney, then you might need to apply for an order to give you the legal authority to do certain things for the adult.

What does ‘lacking capacity’ mean?

Someone’s capacity could be impaired gradually or suddenly as a result of an accident or illness. A registered and licensed medical doctor will be able to say whether or not that person is unable to make decisions.

Who can be a guardian?

Anyone can apply including a partner, family member, friend or professional such as a solicitor, accountant or someone from the person’s local authority social work department.

Who checks what guardians do?

The local social work service will supervise guardians with welfare powers. The Office of the Public Guardian (Scotland) will supervise orders dealing with money and/or property.

Where can I get more information?

The Office of the Public Guardian (Scotland) can answer queries about how to make an application and more specifically, what happens afterwards if you are appointed as a financial guardian. Your local Citizens Advice Bureau or solicitor may also be able to help. For welfare matters our social work practitioners will be able to give you advice and guidance.