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A Guardianship is used when someone lacks the capacity to sign a Power of Attorney. A Guardianship is appointed by the court and gives a guardian the power to make decisions on behalf of another adult above the age of 16 who lack the capacity to make decisions for themselves.
A Guardianship Order is used when someone lacks the capacity to sign a Power of Attorney. A Guardianship is appointed by the court and gives a guardian the power to make decisions on behalf of another adult above the age of 16 who lack the capacity to make decisions for themselves.
A Power of Attorney (PoA) is a written document which allows you to plan ahead what you want another person to do for you in the future, should you become incapable of making decisions about your own affairs.
When someone lacks the capacity to take care of their own affairs and does not have the ability to make legal decisions on an on-going basis or is unable to give consent to any care needs. for example, if you are the son or daughter of a parent who does not have the mental capacity to make decisions for themselves.
A Guardian can be any person but is normally the person who has a direct interest in the person's welfare and/or financial affairs. The Guardian is normally a close family member but can be a friend or carer. someone acting in a professional capacity such as a solicitor can make the application to the court.
The application is made to the sheriff court and you will need to organise social work reports and medical reports for the person who has lost capacity. McEwan Fraser Legal can organise these reports on your behalf and ensure the correct paperwork is completed for the court process.
McEwan Fraser Legal is experienced in the legal process of organising and applying for a guardianship order and it is important that expert legal advice is taken so that your application is appropriate and in the best interest of the person with the incapacity. We will draft an application to the Sheriff Court, listing the powers you are looking for and why you need these powers. We will deal with obtaining all the reports that courts will require. We will attend court on your behalf and present your case in the best possible way to achieve the outcome you are looking for. We will ensure any order is registered with the public guardian.
