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Welfare guardianship

Financial and Welfare Guardianship in Scotland


Financial and Welfare Guardianship in Scotland is required more often, with an increasing number of people being diagnosed with a dementia and changes to care funding for vulnerable adults. We appreciate that when families and friends are faced with this situation, it can be a worrying time.

What happens when a person is unable to make decisions on their own behalf regarding finances and/or personal welfare, but they have not granted legal authority to somebody else to make these decisions on their behalf?

The answer is that a Financial and/or Welfare Guardian has to be appointed by the court to act on that person’s behalf. The appointment of Financial and/or Welfare Guardians in Scotland is governed by the Adults with Incapacity (Scotland) Act 2000, which came into force on 2nd April 2001.

We have considerable experience of assisting family members, friends and carers of adults who lack capacity to manage their own affairs to obtain Financial and/or Welfare Guardianship orders.

Our free guide covers:

  • What is Financial and Welfare Guardianship?
  • When is Guardianship required?
  • Who can apply for Guardianship?
  • What is the process involved in applying for Guardianship?
  • The difference between a Financial and a Welfare Guardian
  • What happens at court?

Our firm has considerable experience of cases where it has been appropriate to seek the appointment of an adult’s Financial and/or Welfare Guardian and is able to guide you through this process.

Armed with this experience our legal experts have produced a free legal guide to Financial and Welfare Guardianship in Scotland, download it today by completing the form opposite.