Morag has been welfare and financial guardian for her son Callum since shortly after his 16th birthday. The order went into a folder while Morag got on with managing Callum's care, benefits and bank account. Then, while arranging a new support package, a social worker asks to see it. Morag reads it properly for the first time in years and notices the expiry date. It is seven weeks away.

Morag and Callum are fictional, but their situation is not unusual. Guardianship orders in Scotland are granted for a fixed period, and if an order is allowed to lapse, the guardian's authority lapses with it. Here we explain how renewal works, how long it takes, and why starting early matters.

What Is a Guardianship Order?

A guardianship order is made by the Sheriff Court under the Adults with Incapacity (Scotland) Act 2000. It allows a named person, often a family member, to make decisions for an adult aged 16 or over who does not have the capacity to make those decisions for themselves. A guardian can be given financial powers, welfare powers, or both, and the order sets out exactly what the guardian can do.

Guardianship is often needed where someone loses capacity without having granted a Power of Attorney. It is also common when a young person like Callum, who has a learning disability, reaches 16 and their parents no longer have automatic authority to act for them. Our article Guardianship Orders in Scotland: What You Need to Know explains the basics.

How Long Does a Guardianship Order Last?

A first guardianship order normally lasts three years, although the sheriff can set a different period, including an indefinite one, where there is good reason. A renewed order usually lasts five years, again unless the court decides otherwise.

Your order shows when it was granted and how long it runs. If you are unsure, check the order or the certificate of appointment issued by the Office of the Public Guardian.

What Happens If the Order Runs Out?

Timing is everything. If a renewal application reaches the court before the expiry date, the existing order stays in force until the court decides, so Morag could keep acting for Callum while her application is considered.

If the expiry date passes first, the guardian's powers end that day. Banks, care providers and the local authority can stop taking instructions, leaving decisions about the adult's money or welfare in limbo. An expired order cannot be renewed. If guardianship is still needed, a fresh application has to be made, and the whole process starts again.

What Is Involved in Renewing an Order?

A renewal is an application to the Sheriff Court, normally lodged by a solicitor. The court must be satisfied that guardianship is still needed and that the guardian remains suitable, so fresh reports are required:

• at least one medical report, based on an examination of the adult carried out within the month before the application is lodged;
• where the order includes welfare powers, a report from a mental health officer at the local authority on whether guardianship should continue and whether the guardian is still suitable; and
• where the order includes financial powers, a report from the Office of the Public Guardian on how the guardian has carried out their duties.

Because Morag holds both welfare and financial powers, her application will need all three.

The application is also formally notified to people with an interest, such as the adult, their nearest relative and their primary carer. The sheriff then applies the Act's general principles: guardianship must benefit the adult, be the least restrictive option, and take account of the adult's wishes and the views of those close to them.

Renewal is also a natural moment to review the powers themselves. A lot can change in three years. If new powers are needed, or some are no longer required, it may be possible to ask the court to vary the order as part of the same process.

How Long Does Renewal Take?

There is no fixed timescale. Much depends on how quickly the reports can be obtained, and mental health officers in many local authorities have heavy caseloads. The Public Guardian also needs time to prepare its report. In straightforward cases the sheriff can decide a renewal without a hearing, but an objection is likely to slow things down. It is sensible to allow several months from first instructing a solicitor to the court's decision.

When Should You Start?

The Office of the Public Guardian usually writes to guardians, and the local authority, as an order approaches expiry. That letter is a useful prompt. Treat it as a safety net, not a starting gun.

We recommend contacting a solicitor around six months before the expiry date. That leaves time to arrange the reports without pressure, with a margin for delays. Timing matters the other way too: the medical examination must be recent when the application is lodged, so your solicitor will plan when each report is obtained.

A few simple habits help:

• Note the expiry date in your diary or phone as soon as an order is granted or renewed, with a reminder six months beforehand.
• Keep the order and the certificate of appointment together somewhere easy to find.
• Tell your solicitor early if anything has changed, such as the adult's health, living arrangements or finances, or your own ability to carry on as guardian.

As for Morag, seven weeks is tight, but not necessarily too late. If she acts straight away, there may still be time to lodge a renewal before Callum's order expires. Next time, the date will be in her diary.

How Paris Steele Can Help

Our Family Law team helps families across East Lothian with guardianship applications and renewals. We can check when your order expires, arrange the reports the court needs and lodge the application in good time. 

Paris Steele can also advise on Powers of Attorney, which can help avoid the need for guardianship in the future.

Contact our North Berwick office on 01620 892138 or our Dunbar office on 01368 862746, or get in touch with us online.