Financial and property guardianships—Scotland
Produced in partnership with Dorothy Kellas of Gilson Gray
Financial and property guardianships—Scotland

The following Private Client practice note produced in partnership with Dorothy Kellas of Gilson Gray provides comprehensive and up to date legal information covering:

  • Financial and property guardianships—Scotland
  • General principles
  • Who may be appointed?
  • Components of the application
  • Duties of a financial guardian
  • The role of the OPG
  • Specific Requirements—inventory and management plan
  • Termination of a Guardianship

This Practice Note describes who can be appointed as financial guardian to an adult over the age of 16 in Scotland and the steps required to complete the appointment. The duties of a financial guardian, management and inventory plans and termination of a guardianship are also covered.

For general information on guardianships and the process involved in applying for them, see Practice Notes: Adults with Incapacity (Scotland) Act 2000, Guardianship applications in Scotland—pre-application matters and Guardianship applications in Scotland—court process.

General principles

Any person to be appointed under the Adults with Incapacity (Scotland) Act 2000 (AI(S)A 2000) must satisfy the principles set out in AI(S)A 2000, s 1 which are summarised as follows:

  1. the appointment must benefit the adult

  2. any intervention must be the least restrictive option in relation to the freedom of the adult

  3. account must be taken of the adult’s wishes, past and present

  4. so far as reasonable the views of relevant other parties must be taken into account

  5. the adult should be encouraged to exercise his or her skills wherever possible

Guardianships are dealt with under AI(S)A 2000, Pt 5 and are most suitable where long-term or ongoing assistance or management is required. For situations which are more one-off in nature an intervention order may be more appropriate—see Practice Notes:

  1. Guardianship applications in Scotland—pre-application matters—Intervention order

  2. Adults with Incapacity (Scotland) Act 2000

  3. Guardianship applications

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