What do you need to know about financial and welfare guardianship in Scotland?
Why would someone need guardianship?
In Scotland, no one has legal authority to act on another adult’s behalf (not even their spouse or children) unless they have been granted the authority to do so.
If a person does not have capacity, and has never granted a Power of Attorney, the situation is complex and an application to the court for Welfare and/or Financial Guardianship will usually be required.
What is incapacity?
A person may lack capacity as a result of a lifelong condition, e.g. learning difficulties or disability, or as a result of illness, e.g. dementia or a stroke. Whatever the reason, that person is not in a position to delegate powers to a trusted relative/friend themselves and court intervention is required.
What is Guardianship?
Guardianship orders appoint someone to act on another’s behalf and can cover financial matters only, welfare matters only or both financial and welfare matters.
We have considerable experience of assisting family members, friends and carers of adults who lack capacity to manage their own affairs in obtaining Financial and/or Welfare Guardianship orders. Our team regularly appear in court to process guardianship applications.