Guardianship, under family law, is the appointment of a guardian by the court subsequent to an application made under the Adults with Incapacity Act 2000. This is a court appointment which authorises a person to act and make decisions on behalf of an adult with incapacity. Anyone who is 16 or over is considered an adult. Someone who turns 16 and does not have the mental capacity to make decisions for themselves cannot necessarily be helped by their parents, unless they have a Guardianship Order.
A Guardian can also be referred to as the child’s legal representative, which usually enables them with a range of powers in relation to the child. This includes, the right to residence with the child, as well as an ability to control the child’s upbringing and education.
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If you are looking to apply for guardianship for an adult with incapacity, or are wanting to appoint a guardian to look after your child, should something happen to you, Kee Solicitors are here to guide you through this process. We are accredited with vast experience in dealing with issues of guardianship. Contact us today on: 0141 478 9090
What is a Guardianship Order?
Obtaining a Guardianship Order from the court will enable the parent to act on behalf of an adult with incapacity, this can include various decisions about medical treatment, finance and care.
This form of action is most suitably taken when frequent decisions need to be made in relation to the adult on an ongoing basis and will be granted if suitable and beneficial for the adult in question.
This is important as once the child turns 16 the child’s parents will not be able to make decisions on behalf of their child. In order to have the ability to make these decisions in respect of the child now they are an adult, the parents need a Guardianship Order. Similarly if an adult loses capacity and they do not have a Power of Attorney, they will no longer to be able to make decisions for themselves and may require someone else to do it for them. In situations where family members do not apply for Guardianship, or if there isn’t a suitable person to be appointed as Guardian the local authority are required to apply to the Court to be appointed at Guardian.
Contact Kee Solicitors Today
If you want to appoint a guardian for your child you can set out your intentions in your Will, we are keen to help you with this aspect with our dedicated legal support.
Alternatively, if you are looking to apply for a Guardianship Order for an adult with incapacity, we are also keen to guide you through this difficult process with a service tailored to your individual needs.
Contact us today on: 0141 478 9090