Guardianship Orders

A Guardianship Order is a Court Order giving someone authority to act on behalf of an adult with incapacity. The adult is someone over 16 years old and is incapable of making decisions for themselves.

Before a Guardianship Order is granted, the Court must be satisfied that the powers sought would benefit the adult with incapacity, and that it is the least restrictive way of organising their personal affairs.

Anyone who has an interest in the adult can apply for a Guardianship Order, including family members and friends, and more than one person can apply as joint guardians.

When applying for a Guardianship Order, you can seek either a Welfare Guardianship (which gives them powers to make decisions concerning the adult’s personal welfare), a Financial Guardianship (powers to make decisions relating to finances), or both.

The Court will decide on the duration of the Order after consideration of the facts and circumstances relating to the adult. The Order is usually granted for three years but can be extended if it is in the adult’s interests.

We have extensive experience in applying for Guardianship Orders and can advise and guide you through the process. Contact one of our private client solicitors today on 0141 204 7844, by email at mail@cameronmacaulay.law, or complete our contact form.