Guardianship Order Solicitors in Scotland
A guardianship order authorises a named person to make decisions on behalf of an adult who lacks capacity. Our solicitors can guide you through the application process with care and expertise.
- Specialists in Scottish family law and divorce
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A court-appointed decision-making framework where an adult lacks capacity and no suitable authority is already in place.
Guardianship may be required where an adult cannot make or act on particular financial or welfare decisions and a power of attorney is unavailable or insufficient. The order is made by the Sheriff Court under the Adults with Incapacity (Scotland) Act 2000.
A guardian can be given continuing financial powers, welfare powers or both. The powers must be specific to the adult’s needs and consistent with the statutory principles of benefit, minimum intervention, consultation and taking account of the adult’s wishes.
A team with extensive experience across the full range of family law.
Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.
Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.
A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.
What Does Our Guardianship Service Include?
At Kee Solicitors, we advise on guardianship orders for individuals who need to make decisions on behalf of someone who lacks capacity. Our team guides you through the application process under Scots law, ensuring the arrangements put in place are in the best interests of the person concerned.
The guardianship application, reports and responsibilities after appointment.
The application is supported by two medical reports on incapacity and an appropriate suitability report. Welfare applications involve local authority assessment, and the court may require further information or a hearing. The proposed guardian’s relationship, skills, conflicts, understanding of duties and plan for the powers are relevant.
The sheriff decides which powers to grant and for how long. A broad request will not be approved simply for convenience. Alternatives such as an intervention order, access to funds scheme or existing authority should be considered where they can achieve the required benefit with less intervention.
After appointment, a financial guardian is supervised by the Office of the Public Guardian and may need to submit a management plan, inventory and accounts. Welfare guardians are supervised by the relevant local authority. The Mental Welfare Commission also has functions concerning welfare and adults with incapacity.
We prepare the summary application, coordinate the reports, act in opposed applications, advise relatives and existing guardians on duties, and deal with variations, renewals or recall where circumstances change.
Our one-hour fixed-fee initial consultation costs £250 + VAT. You will receive focused advice from a family solicitor, a written assessment of your position and a tailored estimate for any further work.
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Frequently Asked Questions: Guardianship Orders in Scotland
Common questions about guardianship orders in Scotland.
Who can apply to become a guardian?
A relative, carer, professional or another suitable person can apply, and a local authority may apply where necessary. The court assesses suitability, conflicts, the adult’s wishes and the powers requested.
What powers can a guardian receive?
The order can grant defined financial powers, welfare powers or both. Powers should be no wider than necessary to achieve benefit for the adult and must be exercised in accordance with the 2000 Act principles.
How long does a guardianship order last?
The sheriff can grant it for a fixed period or, in appropriate cases, without a fixed end date. Renewal, variation or recall may be required if powers expire or circumstances change.
What is the difference between power of attorney and guardianship?
A power of attorney is voluntarily granted by a person with capacity. Guardianship is imposed by the court after capacity has been lost in the relevant areas and requires reports, court approval and supervision.
How long does a guardianship application take?
Timing depends on obtaining medical and suitability reports, local authority involvement, court availability and whether the application is opposed or queried. We set out the likely stages once the required powers and circumstances are known.
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