family lawyer inverness guardianship order

Guardianship Order Lawyer Inverness, Scotland

guardianship order solicitor invernessA Guardianship Order can give you power to look after a loved one's affairs if they lack capacity to do so themselves. The Scottish Legal Aid Board automatically grant Legal Aid to Guardianship Order applications. Contact our friendly and trusted family solicitors today on 01463 630 027 or contact us online.

People can lose the capacity to look after their own affairs for any number of reasons, from difficulties at birth to illnesses such as dementia. When a person loses capacity in a legal sense then certain steps are likely to be required to be taken. If the person affected had granted a Power of Attorney prior to losing their ability to look after themselves then such a deed would allow the attorney to look after their interests.

If a Power of Attorney does not exist then application to court will be required, either for a Guardianship Order or an Intervention Order.

An Intervention Order relates only to a specific issue such as disposing of property whereas a Guardianship Order allows for sustained management of a person’s affairs including their financial affairs.

Financial or Welfare Guardianship Order?

Each person’s circumstances are unique and legal advice should be sought at an early stage given that an application for a Guardianship Order can request the court to grant various powers depending on the circumstances. It is also possible for there to be joint guardians (usually a sole guardian is appointed); one perhaps with authority to look after financial matters while the other has the responsibility of welfare issues.

A Guardianship Order can cover welfare matters, financial matters or both.

Welfare powers usually relate to matters such as:

  • Where the adult will live; or
  • Decisions around the adult's medical care.

Finacial powers usually relate to matter such as:

  • Buying or selling property on behalf of the adult; or
  • The management of the adult's finances.

How do You Apply?

Guardianship Order applications are lodged at the adult without capacity’s local Sheriff Court. Your application must include two medical certificates demonstrating the adult’s incapacity to handle their own affairs and a suitability report.

Depending on where the adult lives within the North of Scotland, their local Sheriff Court may be Inverness Sheriff Court, Tain Sheriff Court, Elgin Sheriff Court, Lerwick Sheriff Court, Kirkwall Sheriff Court, Wick Sheriff Court, Stornoway Sheriff Court or Lochmaddy Sheriff Court.

You can find some helpful information from the Office of the Public Guardian.

Inverness Sheriff Court

Inverness Sheriff Court is the main Sheriff Court in this area. It is centrally located in Inverness at Sheriff Court House, The Castle, Inverness, IV2 3EG. The court advise that there is no public parking and only one disabled space which is shared with the local authority. The bus station at Farraline Park has connections to outlying towns. The court is a five minute walk from Inverness Rail Station which runs trains to the major Scottish cities.

Applications for adults living in areas such as Drumnadrochit, Muir of Ord, Dingwall, Fortrose, Nairn and Grantown-on-Spey would be processed at this court.

Tain Sheriff Court

Tain Sheriff Court is located on the high street. Although there is no parking attached to the court, there are a number of free public carparks nearby. Buses from Dornoch stop outside Tain Post Office.

Tain Sheriff Court would be the closest Sheriff Court for adults living in areas such as Dornoch, Golspie and Brora.

Elgin Sheriff Court

Elgin Sheriff Court is situated at the corner of High Street and Glover Street. There is a bus station five minutes from the court and a train station ten minutes from the court.

This Sheriff Court services areas such as Nairn, Forres, Kinloss, Findhorn, Lossiemouth, Fochbers, Buckie, Portsoy and Cullen.

Can Legal Aid Cover a Guardianship Order Application?

Guardianship Order applications automatically qualify for Legal Aid. The financial circumstances of either the adult who has lost capacity or the adult who is making the application are not considered.

This does not include the costs of getting a Guardianship Order application started. However, this preparatory work may be covered by Legal Aid through the Legal Aid Advice and Assistance scheme. Our friendly lawyers can advise you as to whether this will be an option for you.

Unlike many Scottish law firms, Family Law Inverness are happy to accept instructions on a legal aid basis for Guardianship work as for court proceedings irrespective of the wealth of the person who is now incapacitated. We will always seek the most cost effective way of handling all guardianship matters for you. We can handle the entire process for you, allowing you to focus on caring for your family member.

You can read more about the Legal Aid provisions for Guardianship Orders from the Scottish Legal Aid Board.

Contact Guardianship Order Solicitors Inverness

Contact our friendly family lawyers today to get Guardianship Order advice and support.

Call us on 01463 630 027 or contact us online.

Enquire now

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