Guardianship Orders in Scotland – What You Need to Know
When an adult is unable to make decisions about their own welfare,
finances, or both, and doesn’t have a Power of Attorney in place, the law
provides a way for someone else to step in and act on their behalf. In
Scotland, this process is governed by the Adults with Incapacity (Scotland) Act 2000.
What is a Guardianship Order?
A Scottish guardianship order is granted by the Sheriff Court. It gives a named person (the guardian) specific powers to make decisions and take action for the adult, depending on their needs. The court will decide which powers to grant after considering all the evidence.
Two medical reports must support applications, and if welfare powers are sought, a mental health officer from the local authority must also submit a report.
Types of Guardianship
The Act recognises two main types of guardianship:
- Welfare Guardianship – allows decisions about the adult’s health, care, and living arrangements. If no one is available to apply, the local authority can step in.
- Financial Guardianship – enables the management of the adult’s money, property, and other financial matters. A relative, solicitor, accountant, or the local authority can take on this.
How Long Does It Last?
Most guardianship orders are granted for three years, though the sheriff can set a longer period if appropriate. During the order, welfare guardians are supervised by the local authority, while financial guardians report to the Office of the Public Guardian in Scotland.
Costs and Responsibilities
Applying for guardianship can involve legal fees, costs for medical reports, court fees, and registration charges. In some cases, help may be available through the Scottish Legal Aid Board, based on the adult’s financial circumstances.
Being a guardian, particularly a financial guardian, comes with significant responsibilities. You will need to carry out administrative tasks, keep records, and provide annual accounts to the relevant authority.
How Paris Steele Can Help
At Paris Steele, our solicitors understand both the legal and personal aspects of guardianship. We will explain the process clearly, help prepare a robust application, and ensure the powers sought are tailored to the adult’s needs. We can also advise on whether guardianship is the right option or if other legal measures may be more suitable. And, if required, Paris Steele can provide non-means tested legal
aid for any guardianship that includes welfare guardianship.
If you are considering applying for a guardianship order under the Adults with Incapacity (Scotland) Act 2000, contact Paris Steele today to speak with one of our experienced solicitors.
You may also be interested in our article ‘Guardianship – what it is and how to avoid it'.
Kathryn Wilson
Consultant
Kathryn worked for 33 years at Melrose and Porteous, spending most of this time as a partner and laterally a director covering family law and general court work including crime. Kathryn then decided to work exclusively in family law covering family and guardianships and worked initially in Dunbar then in a niche family practice in Edinburgh. Kathryn is a trained collaborative lawyer, a member of the Child and Family committee of the Law society of Scotland, and a Child Welfare, Curator and Safeguarder Reporter for the Borders and Edinburgh courts. Kathryn has been a book reviewer for the Journal of The Law Society and has been Dean of her local faculty twice. Outside of work Kathryn likes socialising spending time with family, reading, Formula 1 and horse racing.