If a person becomes mentally incapable of dealing with their own affairs or they have always lacked capacity to deal with their affairs, they are known as incapax (incapable of dealing with their own affairs).
A Guardianship Order is a court order, that appoints an appropriate person or more than one person as the adults guardian. If the adult had capacity at one stage in their life and has then become incapax, if there was a Power of Attorney granted by the adult, then this has a similar function to a Guardianship order. The distinction is that a Power of Attorney must be granted when the adult has capacity to grant it, a Guardianship order is granted where the adult does not have capacity to make their own decisions.
A proposed Guardian can seek welfare and financial powers. Welfare powers as the name suggests, relates to decisions that can be made about the adults welfare. Financial powers relate to adults finances.
A Guardianship application can seek welfare powers only, financial powers only or a combination of both. We can tailor the application on your behalf to obtain the most suitable powers.
Contact our Guardianship Lawyers Glasgow, Coatbridge, Airdrie, Edinburgh, Shetland
Legal aid is also automatically available for certain parts of the Guardianship process, regardless of the applicants resources. All of our offices offer Legal Aid, to find out more contact one of our Glasgow Solicitors on 0141 404 6575 (Glasgow) or 0131 358 4231 (Edinburgh).