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Gibson Kerr

Personal, Family Law & Property

Edinburgh 0131 202 7516
Glasgow 0141 404 0436

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Guardianship Orders

Helping When Incapacity Strikes

probate solicitors Scotland

Sadly, people are all too often unable to manage their own affairs. The legal term for this is “incapacity”. We are deemed to be “incapable” of looking after our own affairs in the eyes of the law as a result of illness, age or accident. Whether it is sudden and quick, or the deterioration takes place over a longer period of time, our affairs will still need to be managed. The law provides for this by allowing guardianship orders to be put in place so that the incapacitated person’s affairs can be managed.

If we have not granted a power of attorney to someone to manage our affairs, we may need an intervention order or a guardianship order.

Guardianship orders are orders granted by the court when a person becomes incapable of managing their financial affairs and there is no power of attorney in place. A court can also grant an intervention order.

The difference between the two, as their names suggest, is that a guardianship order is grants an ongoing power to manage a person’s affairs, whereas an intervention order deals with a specific issue.

Guardianship orders

When making an application to the court for a guardianship order, the potential guardian will have to state what powers are being applied for and state why these powers are being sought. Powers under a Guardianship order fall into two main categories: Welfare powers and property/financial powers.

Powers under a guardianship order

Welfare powers apply to personal issues such as healthcare, residence, contact with others etc.

Property and financial powers obviously apply to the person’s property and finances. So things like: bills; pensions; investment, the buying and selling of property etc are all things that are dealt with by seeking property and financial powers under a guardianship order.

Who can be appointed a guardian under a guardianship order?

Normally, it is the next of kin or another close relative who is appointed under a guardianship order. Often they rely on legal advice in exercise of their powers. Legally speaking, anyone can be appointed a guardian.

In Scotland, it is possible to have more than one guardian appointed. This gives the convenience of splitting the above powers. One guardian can deal with the persons welfare and another, often a solicitor, can be appointed to deal with financial and property transactions. Depending on the circumstances of the situation the powers can be shared, joint guardians can be appointed and substitutes names should an existing guardian be unable to fully exercise their powers.

It is the court who appoints guardians and as such, the process can be difficult and complex. Gibson Kerr will help you through this process and can act as solicitor guardians.

What our clients say

Thank you very much indeed for all your hard work in relation to this transaction. It has been a pleasure working with you and we very much hope we can use your services again. We would be absolutely delighted to recommend your first class services to anyone.

Mr & Mrs H, Edinburgh
Lindsay Maclean

Lindsay Maclean

Partner: Head of Personal Law, Accredited Solicitor for the Elderly

Get in touch with me when you need reliable legal advice on any aspect of Wills & Estate planning, including powers of attorney, will writing, financial planning and executries.

lindsay.maclean@gibsonkerr.co.uk

Edinburgh 0131 202 7516

Glasgow 0141 404 0436

or request a callback

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Wills & Estate Planning

  • Intestacy
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  • Intervention Orders
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Edinburgh 0131 202 7516
Glasgow 0141 404 0436

Make an enquiry

We will call you back

Locations

Edinburgh

Family Law, Personal Law
&
Property Law

6 Randolph Crescent
Edinburgh
EH3 7TH

t: 0131 202 7516
f: 0131 557 5215

dx: 551100 Edinburgh 7

e: edinburgh@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

Glasgow

Personal Law & Family Law

1 West Regent Street
Glasgow
G2 1RW

t: 0141 404 0436

e: glasgow@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

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