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Applying for Guardianship at Scottish Courts

Applying for Guardianship at Scottish Courts

Clients who come to us looking for advice on applying for Guardianship are often anxious that guardianship involves an application to the court and want to know what the Scottish Courts need.

Most are unaware of the procedures and timescales involved and are surprised to learn their application has to be supported by three independent Reports from:

- the adult's GP
- a psychiatrist
- a Mental Health Officer

Why are medical reports required?
The medical reports by the GP and psychiatrist confirm to the

Legal Capacity, Guardianships & Power of Attorney Scotland

What do you know about legal capacity, Guardianships &?Power of Attorney? In Scotland, a person is deemed to have legal capacity to act and make decisions on their own behalf once they reach the age of 16. This means that parents no longer have any authority to make?decisions or deal with agencies on their son or daughter?s behalf once they turn 16.

Why is legal capacity important?

For most people, taking on responsibility for their own decisions and actions at age 16 is not an

Guardianship Application: Cut Costs With Scottish Legal Aid

Guardianship Application: Cut Costs With Scottish Legal Aid

Clients often tell us they are reluctant to make an application for guardianship of a vulnerable relative or friend as they have heard the process is expensive and could cost thousands of pounds. In fact, everyone who applies for Welfare or Financial and Welfare Guardianship in Scotland is automatically entitled to Legal Aid from the Scottish Legal Aid Board, regardless of their financial circumstances.

What is Legal Aid?

Legal Aid provides help with the cost of court actions. Usually, a financial assessment is carried out

What is Self-Directed Support in Scotland?

The Scottish Government recently published its Social Care (Self-directed Support) (Scotland) Bill, which aims to make self-directed support in Scotland a mainstream choice for those receiving care (click here for more details) in Scotland. The Government has pledged almost ?40 million over the next three years to support the rollout of self-directed support throughout Scotland.

What is self-directed support?

Self-directed support is designed to give those who receive care (supported persons) more power to direct their own care and support, to make more informed decisions

Power of Attorney vs Guardianship, what's better?

Power of Attorney vs Guardianship, what's better?

Powers of Attorney and Guardianship are often confused and I am regularly asked for advice on which is more appropriate. So Power of Attorney vs Guardianship, what's better? Although both concepts are regulated by the Adults with Incapacity (Scotland) Act 2000 and have similar effects, there are significant differences between the procedure for each.

What is a Power of Attorney?
A Power of Attorney is a legal document appointing someone to act for and make decisions on behalf of the granter. The Power of Attorney

Vulnerable adults - Would a Guardianship Help?

Vulnerable adults - Would a Guardianship Help?

"Help! My Aunt Has Dementia and No Longer Understands". Under Adult with Incapacity Legislation - Would a Guardianship help?

Jean recently visited the office looking for advice on how she can help her elderly auntie, who's in hospital. The medical staff caring for Jean's aunt believe she no longer has capacity to make decisions on her own behalf but have told Jean that she has no legal authority to make decisions for her aunt.

Jean sought legal advice, which confirmed that as her aunt's nearest