We are a law firm with lawyers and solicitors based in Airdrie, Cumbernauld and Motherwell who can advise about the requirements and procedure required to obtain a guardianship order. Our lawyers have experience in applying for guardianship orders for our clients in Airdrie, Coatbridge, Motherwell, Bellshill, Hamilton, Cumbernauld, Wishaw and throughout Scotland.
A Guardianship Order is a court order that appoints someone (usually a family member) to deal with the financial and property and/or welfare matters for another person who is over 16 and who is not able to deal with those matters alone. A Guardianship Order is obtained by an application to the Sheriff Court. In Lanarkshire there are Sheriff Courts in Airdrie, Hamilton and Lanark.
A Guardianship Order becomes important when someone does not have the ability to make decisions for themselves in relation to their day to day life such as decisions about medical treatment, where to live, financial decisions, etc. In this case it may be that the person concerned may not have legal capacity to make these decisions in which case a Guardianship Order would appoint someone who is accepted as being an appropriate person to make these decisions on behalf of the adult concerned.
Generally, a guardian will be a close family member of the person who requires assistance and the order is only granted once appropriate medical information is obtained regarding the capacity of the adult concerned. The cost of applying for a Guardianship Order is automatically covered by legal aid where there is an application for an order in relation to powers to make decision regarding the welfare of the adult. Your lawyer will be able to explain the position in relation to legal aid for you.
A Guardianship Order is not appropriate for someone who still has legal capacity to make decisions for themselves. However, a power of attorney is available as a way for individuals who have legal capacity to appoint someone to act for them. Further information on powers of attorney can be found on the Power Of Attorney page of this website.
A guardianship order is obtained by an application to court and supporting medical information is required to confirm the need for the guardianship order. Our lawyers and solicitors are able to guide you through the process of applying for guardianship from start to finish to help reduce the stress to you at what can be a difficult time. Please feel free to get in touch with us and we will be happy to explain in greater detail what is involved in obtaining a Guardianship Order. We can also make an appointment for you with one of our lawyers at our offices in Airdrie, Cumbernauld or Motherwell and, in certain cases, we may also be able to arrange a home visit whether you live in Airdrie, Coatbridge, Wishaw, Bellshilll, Cumbernauld, Hamilton, Motherwell, New Stevenson, Larkhall or beyond.