GUARDIANSHIP ORDERS
What is the difference between an Intervention Order and
a Guardianship Order?
Someone’s capacity could be impaired gradually or suddenly as a result of an accident or illness. A registered and licensed medical doctor will be able to say whether or not that person is unable to make decisions.
You should contact us in the first instance and we can assist you in determining whether or not your relative is incapable.
What is a Guardianship Order?
It is an order under from the sheriff court stating who the Sheriff has appointed to look after the affairs of someone who is not able to look after those affairs. It states what the appointed person(s) can actually do.
What does it do?
The order could allow whoever has been appointed by the Sheriff (known as “Guardians”) to manage on an ongoing basis the financial or welfare affairs or both of someone who is unable to deal with those matters.
Why would I need the order?
If a person is incapable or unable to make a decision then you may need legal authority to do certain things for that person. If there is not already something in place such as a power of attorney giving you or someone else power to do those particular things then a court order may be the only way to be able to do it.
What does incapable mean?
Someone’s capacity could be impaired gradually or suddenly as a result of an accident or illness. A registered and licensed medical doctor will be able to say whether or not that person is unable to make decisions.
You should contact us in the first instance and we can assist you in determining whether or not your relative is incapable.
Would I be able to help my partner or relative without a Guardianship Order?
Depending on the nature of the decisions which need to be made, you may not have the automatic right to take actions on behalf of someone who is unable of doing so for himself or herself.
How much does it cost?
There are various costs – court fees for the application, a fee to register the order with the Office of the Public Guardian (OPG). There may be fees for the medical reports.
Funding is generally available from The Scottish Legal Aid Board irrespective of the means of the adult or guardian. You can check this with us when you call.
How long does the Guardianship Order last?
The Sheriff can give an order for 3 years or in certain circumstances for an unlimited time.
How do I make an application?
An application called a “Summary Application” is made to the sheriff court. The application will require to be sent along with 2 medical reports (which are completed by 2 individual registered and licensed medical doctors) and other supporting documentation.
For more information on what is needed please contact us and we will be able to help.
Who can be a guardian?
Anyone can apply including a partner, family member, friend or professional such as a solicitor, accountant or someone from the person’s local authority social work department.
Who monitors Guardianship Orders?
The local authority will supervise Guardians with welfare powers.
The OPG supervise orders dealing with money and/or property. If you are appointed as a financial guardian you will have specific duties to carry out. Duties include sending documents to the OPG detailing what money you are looking after and what you plan to do with it. The majority of financial guardians will need to complete the following:
Inventory of Estate – this outlines all of the interests, such as bank accounts, pensions, property etc. belonging to the adult that you have responsibility to deal with.
Management Plan – this outlines how you plan to manage the property and finances belonging to the adult e.g. changing bank accounts, selling a house, managing investments.
Annual accounts – you will need to keep good records so that each year you can give accounts to the OPG. Your account will detail the transactions that have been carried out within a period of time, usually 12 months.
For assistance in the application you can contact us by telephone or by using the online Enquiry Form.
INTERVENTION ORDERS
What is an Intervention Order?
It is an order from the court stating who the Sheriff has appointed to make a particular decision or take certain action on behalf of someone who is not able to do that for himself or herself.
What does it do?
The order could allow whoever has been appointed to do certain one-off things such as signing legal documents or to sell the person’s house or sign forms agreeing where someone can live.
Why is it necessary?
If a person is incapable or unable to make a decision then you may need legal authority to do certain things for that person. If there is not already something in place such as a power of attorney giving you or someone else power to do those particular things then a court order may be the only way to be able to do it.
How long does the Intervention Order last?
The order will last for as long as it takes to make the decision or take the action allowed by the Sheriff.
How do I make an application?
An application called a “Summary Application” is made to the sheriff court in the same way as above. We can assist you with the application.
Who monitors the orders?
The OPG monitors the actions of those granted powers to deal with money and property. The local authority social work department will supervise interveners with welfare powers.
If we can provide any further information or assistance feel free to contact us to discuss.
For more information or to discuss any services, please contact us by telephone on 0141 337 6678 or 07988 905 198 or by complete our enquiry form and we will contact you to discuss.