Personal Legal
A Comprehensive Guide
Ordinarily, an adult can grant power of attorney to allow someone they trust to deal with their affairs when they're unable to do so themselves. However, a power of attorney can only be granted by an adult who has the full mental capacity to do so.
If someone needs help with their affairs but cannot grant power of attorney, an application can be made to the courts to appoint a guardian. A guardian is someone who can look after the adult's financial, business, personal and medical affairs.
The journey begins with an application to the courts for appointing a guardian.
This step involves obtaining comprehensive reports from medical practitioners and social workers. Additional reports might be needed, particularly when financial assets are involved.
Typically, the court sets the guardianship length, which usually ranges from 3 to 5 years.
Once granted, the guardianship must be registered with the Office of the Public Guardian, under the Scottish Courts and Tribunal Service.
The adult's estate is responsible for various costs, including fees to the Public Guardian, an insurance policy commonly known as 'caution', and an annual management fee.
As a guardian, you'll be under the supervision of the Public Guardian, an official of the Scottish Court and Tribunal Service. This requires submitting detailed annual reports on financial actions.
The Local Authority supervises personal decisions made on behalf of the adult.
The costs associated with appointing a guardian are typically borne by the adult in question. However, in some instances, Civil Legal Aid may be accessible, with eligibility guidelines provided by the Legal Aid Board.
If you're considering becoming someone's guardian, we're here to assist. Our solicitors specialise in arranging guardianships and are registered with the Scottish Legal Aid Board. We can guide you through the process of applying for Civil Legal Aid if eligible.
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