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Guidance on Guardianship Orders and Powers of Attorney
Power of Attorney
A Power of Attorney is prepared by you and allows you to plan how you would like another person to act on your behalf in the future, should you become incapable of making your own decisions. You can nominate a person as your Attorney to allow them to deal with money and property, to make decisions regarding your health or personal welfare matters or both. We can provide advice and guidance on what should be included in your Power of Attorney and thereafter prepare the written documentation. We also arrange for the Power of Attorney to be registered with the Office of Public Guardian in Scotland.
Legal Aid is often available for preparation of a Power of Attorney. We are happy to provide a no obligation service to assess your eligibility for free legal assistance. We also offer a fixed private fee for occasions when Legal Aid is not available.
Guardianship Orders
A guardianship order is granted by the court and provides authority to a person to make decisions on behalf of another where they are considered to be an ‘adult with incapacity’. An adult with incapacity is a person over the age of 16 who is not able to look after their own affairs due to mental disorder or inability to communicate because of physical disability. The law states that an adult will be deemed incapable to manage their affairs if they are incapable of acting on or making decisions, communicating decisions, understanding decisions or retaining memory of decisions.
There are three types of guardianship order:-
Legal aid is often available in respect of an application for guardianship. Eligibility for legal aid is based on the adult's income and assets and not the prospective guardian's. Civil Legal Aid is available where welfare powers are sought without the need for any financial assessment.
A guardianship order must have some benefit to the adult and be the least restrictive option available. For example, there are alternative methods available to manage an incapable adults finances including DWP Appointeeship and Access to Funds. Details of these can be found on the website of the Office of the Public Guardian Scotland (see link on our website).
We are happy to offer informal advice as to whether a guardianship order will help the adult in question and that it is appropriate for their circumstances. We can also carry out a no obligation assessment on eligibility for legal aid.
Intervention order
An intervention order is granted by the court and gives authority to a person to perform a one-off action on behalf of an adult with incapacity. This could include signing legal documents, including tenancy agreements, or selling the adults house. An intervention order lasts until the action is complete. If powers are required on an ongoing basis then a guardianship order may be more appropriate.
Legal aid is often available to apply for an intervention order.
Office of the Public Guardian Scotland - https://www.publicguardian-scotland.gov.uk/
Self Directed Support Scotland - https://www.sdsscotland.org.uk/
Mental Welfare Commission for Scotland - https://www.mwcscot.org.uk/
Mental Health Tribunal for Scotland – https://www.mhtscotland.gov.uk/mhts/Home/Welcome_to_the_Mental_Health_Tribunal
Where we Operate
Our main areas of operation are Glasgow City, Glasgow Southside, North Glasgow, Paisley, Hamilton, East Kilbride, Coatbridge, Uddingston, Motherwell, Wishaw, Cumbernauld, Dumbarton, Stirling and Falkirk. If you are outwith any of these areas please do not hesitate to contact us to check our availability to travel to you.