Guardianships are orders that are granted by the Court to allow a person to act on behalf of someone who is unable to do so themselves. Some people may have appointed an Attorney to deal with their affairs, but there are situations where that has not been possible, for example due to ill health or incapacity.
If an Attorney has not been appointed and a person over the age of 16 years is unable to make decisions for themselves then a Guardianship can be applied for, usually by a member of that person’s close family.
There are different types of Guardianship and it is important to seek advice to ensure that the person’s needs are properly met. Guardianships can deal with financial affairs, personal welfare or both.
A Guardianship dealing with financial affairs will, for example, allow access to bank accounts or to sell a house. Welfare Guardianships relate to personal issues, such as types of care and accommodation.
We can also advise you on eligibility for Legal Aid as there are different rules that apply to this area of law and in particular to Welfare Guardianships.
In all types of Guardianship an application must be submitted to the local Sheriff Court along with a number of supporting documents, in particular medical reports. We can advise you on this process and will instruct the various reports which are required within the time limits specified by statute.
When applying for a Guardianship it is important to be aware that the process may take several months to complete. It is preferable to act early and make a Power of Attorney when or if this is still possible.
“To all at Jameson + Mackay who helped us as a family with all that was involved with our father’s estate including the sale of his house we want to say many thanks for your help, professionalism and compassion. It was much appreciated and will be remembered. ” The W family, Oct 2021
Alison, I am writing to thank you and your team for completing all matters in connection with my late father’s estate. I am so pleased that my parents had the foresight to introduce us so many years ago. Please pass on my particular thanks to Pauline for the excellent way in which she handled matters. She has always been cheerful and very professional in all dealings I’ve had with her. She has always been easy to talk to and has helped make the process as easy as possible for myself which is much appreciated. Thank you once again for the excellent way that you have dealt with my late father’s estate. ” Mr K , July 2021
“Communication was very clear and responsive at all times and we signed our documents via a video conference call. Being able to proceed with key legal matters was very reassuring. All round a very positive experience in difficult times.”
Mr and Mrs J
“We are very happy with the service that has been provided by everyone at your company and we will be definitely using your services in the future as well as making recommendations to anyone we know.”
I should have sent an email earlier to thank you for all your work to make sure the settlement went through for the house (at both ends!) – we never met you in person but we both thought you were super efficient and we’re very grateful for your painstaking work on making sure that everything went through – as well as answering our emails quickly and reassuring us that all was well. It really is a great service that you provide.
Thank you very much for the summary and the prompt conclusion of the conveyancing. It’s been the most straightforward property transaction I’ve ever experienced, THANK YOU!
I am very pleased with the service you provided, always kind caring and professional. Many thanks again for everything, if I need to get in touch in the future I’ll let you know.
Thanks again for your efficiency and attention to detail. As always it has made this process stress free!!