Guardianships
What is a Guardianship Order?
A Guardianship Order is used when someone lacks the capacity to sign a Power of Attorney. A Guardianship is appointed by the court and gives a Guardian the power to make decisions on behalf of another adult above the age of 16 who lack the capacity to make decisions for themselves.
When Do you need a Guardianship?
When someone lacks the capacity to take care of their own affairs and does not have the ability to make legal decisions on an on-going basis or is unable to give consent to any care needs. For example, if you are the son or daughter of a parent who does not have the mental capacity to make decisions for themselves.
What Authorities Can a Guardian Possess?
A Guardian can have the authority to make decisions regarding:
What Does the Guardianship Application Process Involve?
The application is submitted to the Sheriff Court, and your solicitor can handle all necessary documentation on your behalf. This includes preparing the Court Writ, obtaining medical reports, and securing the Mental Health Officer’s report to ensure the correct paperwork is completed for the court process.
Do you need a Solicitor to organise a Guardianship?
We will find you a solicitor with extensive experience in organising and applying for Guardianship Orders. It is crucial to seek expert legal advice to ensure your application is appropriate and serves the best interests of the person with incapacity.
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