A guardianship order allows someone to make ongoing decisions on behalf of an adult with incapacity, like paying bills, dealing with bank accounts, or making decisions about care and personal welfare matters. The order is granted by a sheriff and is usually in place for a set period of time – for example 3 years.
An adult is someone who is aged over 16 years.
However, if necessary, a guardianship application can be made 3 months before a child reaches the age of 16, so that the order is in place on the child's 16th birthday.
A guardianship order can be granted to handle property and financial matters, personal welfare, or a combination of these. You will need to seek legal advice if you are considering applying to the sheriff court for an order.
The information was last updated on: 31st August 2020