Guardianship Orders, Scotland

What Is A Guardianship Order?

The only circumstance in which an adult will have a guardian is when the adult has lost capacity and, prior to losing their capacity, did not grant a power of attorney.

In these cases, the court will grant a guardianship order, granting someone powers to make decisions on behalf of the adult in relation to their welfare and/or their finances and property.

Guardianship Orders For Adults

An incapable adult is a person who cannot act, make decisions, communicate decisions, understand decisions or retain the memory of decisions. An incapable adult requires someone, their guardian, to make decisions on their behalf.

Any person who has an interest in the adult can become their guardian. The court will only grant a guardianship order if it considers that there are no other means available to manage the adult’s affairs. Additionally, the court must be satisfied that granting the guardianship order will benefit the adult.

If someone you know loses their capacity, you must act quickly if you wish to be able to act on their behalf. Obtaining guardianship powers can be a lengthy process and can be stressful and complicated to understand. This is where our specialist guardianship solicitors can help.

Get in contact with our Family Law Team today and make an appointment to speak to one of our experts about guardianship powers.

Guardianship Orders For Children

If a child cannot live with their parents, you may be named as a guardian. This can be because you have been appointed guardian in the parent’s will. If this isn’t the case, you may be appointed guardian by the courts.

The guardianship process can be complex, so it makes sense to work with a child custody solicitor who will ensure everyone’s interests are protected.

Seek Legal Advice

Our child law solicitors will be able to represent you through the guardianship process, advise you on what support is available and help you prepare for the extra responsibilities.

Don’t let language barriers prevent you from obtaining legal advice. Our expert family law team is fluent in Polish, Bosnian, and Croatian.

The guardianship process can be complex, so it makes sense to work with a solicitor experienced in child-related matters who will ensure everyone’s interests are protected.

Our child law solicitors will be able to represent you through the guardianship process, advise you on what support is available and help you prepare for the extra responsibilities.

Contact the Family Law Team at Jones Whyte for expert child law advice today.

Guardianship Case Study

The Sheriff’s Appeal Court has ruled that a sheriff who awarded sole guardianship of a 24-year-old man with autism to his mother without a proof hearing should have ordered one before making a decision.  

Colin Boyle, the father of the adult “Andrew” appealed against the order granted in favour of Andrew’s mother Molly Denton on the basis that a proof ought to have been fixed, and that the sheriff’s decision did not contain satisfactory reasoning. The appellant, who moved to Ireland following the parties’ separation, had changed his position over the course of proceedings to seek joint guardianship of his son.  

The appeal was heard by Sheriff Principal Aisha Anwar, with Appeal Sheriffs Fiona Tait and Brian Mohan. D Anderson, advocate, appeared for the appellant and Leighton, advocate, for the respondent.  

This case explored exactly that scenario whereby the parents of the young adult had separated, and communication between them remained extremely strained. This also showed itself in the form of differing opinions on what was best for their son.   

One parent applied to become the adult’s guardian solely, and the other parent contested this. The Court employed the use of a Safeguarder to review the position and investigate what they felt would be in the best interests of the adult and report back to the Court.  

The findings of the Safeguarder were contested by one party who wished to lead evidence on the points raised by the Safeguarder and presented to the Court, however, a Sheriff decided it was within their power to make a decision on the spot with regards to what was best for the adult.   

That Sheriff’s decision was successfully appealed.   

Overall, guardianship orders in Scotland ensure that the welfare and finances of individuals are properly looked after if they are unable to manage them themselves. This can become complicated if you have separated and would like joint guardianship. If you’re looking for some legal advice around guardianship our skilled family lawyers can help.  

Other Services From Jones Whyte

The family law team at Jones Whyte approaches cases with care and compassion. As a result, we have experience in everything that encompasses family law. Cases we have handled include:

Contact Jones Whyte today to discuss any aspects of family law. Our team is here to help.