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Guardianship Orders, Scotland

There are two types of guardianship orders. These are for children and also for adults who no longer have the capacity to safely look after affairs.

If you have been advised to seek guardianship powers in respect of an adult, our skilled family law solicitors can help.

Guardianship orders for adults

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.

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.

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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 cuardianship 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.

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.

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.

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Get in contact with our experienced legal professionals today for support with your case.

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