Sometimes a Power of Attorney is not available.  In these cases we make an Application to Court for a Legal Guardian to be appointed to make financial and welfare decisions on behalf of a client.  We are also able to provide advice and ongoing support to the Guardian in administering the client’s estate.

If a client does not have legal capacity to grant a Power of Attorney, it is possible for an application to be made to the Court for a Guardian to be appointed to manage that client’s affairs.  A Guardianship Order allows someone to make ongoing decisions on behalf of an adult with incapacity, such as paying bills, dealing with bank accounts or making decisions about care and personal welfare matters.

At Campbell Smith we have extensive experience of making Guardianship Applications.  These can be complex and involve obtaining medical opinions and a Report on the suitability of the proposed Guardian.  Our solicitors will prepare the Application and give guidance as to what powers the Guardian should seek.

A Guardianship Application can include either financial powers or welfare powers, or a combination of both.  The Application process can be lengthy and we provide guidance as to a realistic timescale.  Sometimes a client does not have a family member who is able to be appointed as Guardian.  In this situation, our experienced solicitors are available to be appointed as Guardian.

The role of a Financial Guardian is onerous and is subject to the supervision of the Office of the Public Guardian.  The many administrative responsibilities of a Guardian include:-

  • submitting an Inventory of Estate and Management Plan to the Public Guardian’s Office within three months of appointment.
  • if the adult owns a house, the Guardian must register the Court Order with Registers of Scotland
  • submitting an annual account
  • maintaining Caution (a type of insurance) if applicable on a yearly basis

Our Team at Campbell Smith is very well placed to assist Guardians on an ongoing basis to ensure that the Guardian complies with all relevant requirements and the Guardianship runs smoothly.

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