In most circumstances, a family member or a friend applies to the sheriff court to become a welfare and/or financial guardian. Make an enquiry. Find what you're looking for on mygov.scot. For additional information about guardianship, custody and access, visit the relevant pages on the Citizens Information Website. See Treoir information section on Access and Custody. At Macnairs + Wilson we combine our wealth of experience in applying for Guardianship Orders with a personal service to ensure that the best interests of your loved ones are protected. This is known as a joint claim. A Guardianship Order gives a guardian power to make decisions on behalf of another person who lacks the legal capacity to make such decisions themselves, usually as the result of mental or physical illness.. Family Law Glasgow are a team of trusted and friendly solicitors who handle all enquiries with care and compassion. Most people get a solicitor to make the application for them. Summary of provisions Principles. Contact our Glasgow Lawyers Today. The local council has a duty to supervise welfare guardians. When we receive our copy we will read through the information and let the sheriff know if we have any observations to make. Normally, a financial assessment of income and capital is carried out but SLAB do not require this for Welfare or Financial / Welfare Guardianship. If welfare powers are being applied for, the report will be completed by a mental health officer from the local council. You are allowed to apply to appoint a joint or substitute guardian after your original application, but reports will be needed on his/her suitability. Substitute guardians may be appointed to take on the duties of the guardian if he or she is unable to … All of the interested parties will be sent a copy of the application and reports. An AMHP cannot apply for a guardianship order if the person’s nearest relative does not agree to it. Applying for Guardianship is a ivil ourt ase and will have associated costs, but in most cases it is eligible for Legal Aid. Where the applicant is someone other than the local authority, this is often referred to as a private guardianship application. Because of the complexity involved with the application process most people use the services of a solicitor to make the application to the court. The order, once granted by the sheriff, states what the appointed person – called a guardian – can actually do. Please don't provide any personal information. Or you can apply online using our new application form and we fill send you further details by email. This report will depend on the type of powers being sought, for example welfare powers, financial powers or a combination. Your solicitor will start to draft the application and arrange for the necessary reports. Guardianship has two distinct meanings in Family Law. The local council has a duty to apply for financial guardianship: if there's nobody else willing to apply; if the order would be necessary to protect the adult or their property or finances; How long guardianship can last. Before applying for a guardianship order, ... (Scotland) Act 2003. Guardianship Orders appoint an individual to make ongoing decisions on behalf of an adult with incapacity who is unable to make decisions about their financial and/or welfare matters themselves. You can apply to be a child’s special guardian when they cannot live with their birth parents and adoption is not right for them. An adult is someone who is aged over 16 years. We also use non-essential cookies to help us improve our websites. You can apply to be a child’s special guardian if you’re not their parent and you’re over 18. Granted for 3 years or, in certain circumstances, the report will be sent a copy of interested... 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