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McWhinney Richards

Solicitors & Notary Public

GUARDIANSHIPS

Guardianships are orders under the Adults with Incapacity (Scotland) Act 2000 which allow an individual/s with an interest in the welfare, property or financial affairs of an Adult with an Incapacity to manage the affairs of that Adult to ensure that their welfare is safeguarded, promoted and protected.

Applications for Guardianship require to be made to the Sheriff Court and a number of reports require to be obtained to satisfy the Court that such an order is necessary to safeguard the Adult in question. Guardianship Orders can last for a period of, ordinarily, 3 - 5 years and are subject to renewal before the expiry of that time period.

Guardianship Orders can be requested in respect of the Adult's welfare only, or alternatively in respect of their finances only. There are also provisions for a combined Order in respect of the Adult's Welfare and Finances.

There are also a variety of other orders which may be appropriate to safeguard and promote the best interests of any Adult with an Incapacity. These orders include financial intervention orders and many more.

A Guardianship order is usually necessary where the Adult is mentally incapacitated and would not be capable of granting a Power of Attorney to allow their needs to be met by a loved one or interested party.

If you require advise regarding a Guardianship Order or feel this is something you would like more information about then please contact our Paralegal Miss Lorraine Hamill on 01236 754571 and she will be more than happy to assist you.

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