We know all too well how upsetting it is to see relatives or friends suddenly incapable of making important decisions for themselves. At this difficult time, we understand your main aim is to make sure your loved one’s best interests are protected. If someone close to you has lost capacity through an accident or illness, a Guardianship Order will allow you to make important decisions regarding their welfare and financial affairs on an ongoing basis.
If you’re considering applying for a Guardianship Order, it’s important that you seek specialist legal advice. We serve clients in Clarkston, Newton Mearns, Giffnock, Netherlee and surrounding areas in Glasgow Southside. When you contact us, we’ll listen carefully to your situation and provide expert advice for your situation. Like you, our priority is to ensure your loved one’s interests are safeguarded. If we think a Guardianship Order is the most appropriate and beneficial course of action, we’ll talk you though the process and manage the legal formalities on your behalf, working hard to minimise stress throughout. We can also assist you if you wish to apply for Power of Attorney.
Find out more
- What are the Duties of a Guardian in Scotland
- How to Apply for Guardianship in Scotland
- Who Should I Appoint as my Executor
- A Guide to Drafting a Will in Scotland.
Who can apply for a guardianship order?
Any person with an interest in the adult who has lost capacity can apply for a Guardianship Order. In most cases, this will be a family member or close friend, but it may also be a carer or solicitor. Joint Guardianship, where more than one person can make decisions on behalf of the adult, may be granted to two or more relatives.
What decisions can be made?
Guardianship orders may allow decisions to be taken on finances, welfare or both. When applying, you’ll be required to provide a list of the powers you’ll require to look after your loved one’s affairs. For example, you may need to make decisions regarding paying bills, dealing with investments, selling property, and arranging care services and medical treatments. It’s important to consider the short and long term to ensure the powers you request are sufficient.
The application process
The Guardianship Order application procedure is involved and can take a long time to complete. An experienced legal team will make sure the process goes as smoothly as possible.
Below are the three main stages of the application process:
- Request three reports from the local authority (two assessments of your loved one’s capacity and one report assessing your suitability as a Guardian).
- Create your Guardianship application and send to the sheriff clerk, along with the three local authority reports.
- A Sheriff will then reach a decision on your application at a private hearing.
We can support you throughout the application process – from arranging the local authority reports to attending the hearing with you or on your behalf.
Expert Guardianship Lawyers Clarkston, Newton Mearns, Giffnock, Netherlee,Eaglesham, Carmunnock, Stewarton Southside Glasgow
Our approach is compassionate and personal. We’re here to listen to your needs and to help you create a plan that places your loved one’s interests at the forefront. Contact Claphams today on 0141 620 0800 or fill out our online enquiry form if you are in Clarkston, Newton Mearns, Giffnock, Netherlee or the surrounding areas.
