Guardianship

Overview Why guardianship might be needed How guardianship is set up Who can be a guardian? The cost of setting up guardianship How long guardianship can last Guardians are supervised Financial guardianship Further information about guardianship

How guardianship is set up

Before applying for a guardianship order, you should seek legal advice to make sure the appointment will help the adult in question and that it’s appropriate for their circumstances.

You make an application for guardianship to the local sheriff court in the area in which the adult lives by ‘summary application’. Most people instruct a solicitor to make the application for them.

The application must be supported by 2 medical reports and a further report. This report will depend on the type of powers being sought, for example welfare powers, financial powers or a combination.

If welfare powers are being applied for, the report will be completed by a mental health officer from the local council.

The order, once granted by the sheriff, states what the appointed person, called a guardian, can actually do.

The Scottish Government has detailed advice about guardianship and intervention orders.