Guardianship applications in Scotland—pre-application matters
Produced in partnership with Karen Jack
Guardianship applications in Scotland—pre-application matters

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—pre-application matters
  • When should a guardianship application be considered?
  • What is a guardianship order?
  • Intervention order
  • Who may be appointed as a guardian?
  • What is incapacity?
  • Principle of the Adults with Incapacity (Scotland) Act 2000
  • Powers of a guardian
  • Health and personal welfare powers
  • Financial powers
  • more

This Practice Note summarises the issues to consider before making an application to appoint a welfare and/or financial guardian for an adult over the age of 16 in Scotland under the Adults with Incapacity (Scotland) Act 2000 (AI(S)A 2000). For information on the court process for making an application, see Practice Note: Guardianship applications in Scotland—court process. For information on the legislative framework of making an application, see Practice Note: Adults with Incapacity (Scotland) Act 2000.

When should a guardianship application be considered?

When an adult becomes mentally incapacitated and is unable to manage their own welfare and financial affairs and if there is no power of attorney in place.

What is a guardianship order?

A ‘guardianship order’ is a court appointment which authorises a person to take action or make decisions on behalf of another adult with incapacity. A guardianship order can be in relation to property and financial matters or personal welfare or both—see Practice Notes: Financial and property guardianships—Scotland and Welfare guardianships—Scotland. An application can also be made to vary or renew an existing guardianship order.

Intervention order

An application can be made for an intervention order. This is appropriate for circumstances where authority is needed for a one-off event/action and is appropriate for financial and welfare matters. The application broadly follows the procedure for

Related documents: