Guardianship applications in Scotland—court process
Produced in partnership with Karen Jack
Guardianship applications in Scotland—court process

The following Private Client guidance note Produced in partnership with Karen Jack provides comprehensive and up to date legal information covering:

  • Guardianship applications in Scotland—court process
  • Drafting of the application
  • Powers
  • Designations
  • Existing power of attorney
  • Wishes of the adult
  • Value of property
  • Interim powers
  • Joint guardians
  • Substitute guardian
  • more

This Practice Note describes the court process to appoint a welfare and/or financial guardian to an adult over the age of 16 in Scotland from the drafting of the application through to the granting of the order.

For information on the factors that should be considered before making an application to appoint a welfare guardian or a financial and property guardian, see Practice Notes: Welfare guardianships—Scotland, Financial and property guardianships—Scotland and Adults with Incapacity (Scotland) Act 2000. The Adults with Incapacity (Scotland) Act 2000 (AI(S)A 2000) sets out the legislative framework for safeguarding the interests of incapacitated adults in Scotland.

Drafting of the application

Style

There is no statutory style for an application for a guardianship order but this is usually made by way of summary application for a first order and a renewal of the order, and by way of a minute to vary an existing order if additional powers/guardians are sought.

The application is set out in the traditional layout of an initial writ with the exception that pleas in law are not necessary. The instance is set up with the full names and addresses of the applicants, with reference made to their legal aid status if appropriate, and it is detailed that the application is in respect of the adult and their details are recorded accordingly.

The designated Sheriffdom is