family lawyer dundee guardianship order

Guardianship Order Lawyers Dundee

guardianship order dundeeA Guardianship Order allows you to make decisions on behalf of an adult who has lost capacity. Legal Aid is automatically granted to Guardianship Order cases so there is no need to worry about the costs. Contact our friendly and trusted solicitors today on 01382 250 361 or contact us online.

Have you ever wondered what you would do if you ever had to take responsibility for someone else? At Family Law Dundee, our solicitors are regularly sought out to help clients who are faced with precisely this kind of situation. Making the decision to take on legal responsibility for someone else is a significant undertaking, and it is in this situation that a Guardianship Order will be particularly important.

What are Guardianship Orders?

A Guardianship Orders is essentially a court agreement to an application for guardianship. When a court receives an application from someone for a Guardianship Order, it needs to consider whether or not the situation is such that the subject of the order – the person for whom guardianship is sought over – would benefit from it. Given the responsibility of being someone’s guardian, the courts will need convincing evidence to support the application. This will accompany an application in the form of a suitability report, which is made up of a number of medical reports, and information from the Social Work team of the relevant local authority. It is with this information that the courts will decide on the merit of an application for guardianship.

How do you make an application for a Guardianship Order?

Applications for guardianship are made at the Sheriff Court closest to the adult who has lost capacity. For people living in Dundee and surrounding areas, the local Sheriff Courts are Dundee Sheriff Court, Perth Sheriff Court and Forfar Sheriff Court.

Our friendly family lawyers are highly experienced in supporting families through the steps necessary to secure guardianship over an adult with incapacity.

dundee sheriff court guardianship orderDundee Sheriff Court

Dundee Sheriff Court is located in Dundee city centre at Sheriff Court House, 6 West Bell Street, Dundee, DD1 9AD. The court has strong public transport links. The court is half a mile (10-minute walk) from Dundee Rail Station. Dundee Rail Station services Broughty Ferry and the major Scottish cities. Local buses leave from Lochee Road/ Court House Square.

Guardianship Orders for adults living in areas such as Tayport, Invergowrie, Monifieth, Strathmartine and Newport-on-Tay would be applied for at Dundee Sheriff Court. This may also be the closest Sheriff Court for adults living in Fife towns, such as St. Monans, Pittenweem, St. Andrews, Leuchars and Cupar.

Perth Sheriff Courtperth sheriff court guardianship order

Perth Sheriff Court is in the centre of Perth at Sheriff Court House, Tay Street, Perth, PH2 8NL. As it is based in the heart of the town, the court is easily accessible by public transport. The court is a 13-minute walk from the Rail Station.

Perth Sheriff Court may be the closest Sheriff Court for adults living in Crieff, Glenalmond, Bridge of Earn, Kinross and Glenrothes.

Forfar Sheriff Courtforfar sheriff court guardianship order

For adults living further outside of Dundee, Forfar Sheriff Court may be the closest Sheriff Court to lodge an application. The Sheriff Court is located at Sheriff Court House, Market Street, Forfar, DD8 3LA. There is no rail station in Forfar but there is a taxi rank located on Castle Street, a 10-minute walk from the court.

Applications for adults living in Inverarity, Kirriemuir, Arbroath and Glamis may be lodged at Forfar Sheriff Court.

Are Guardianship Order applications eligible for Legal Aid?

Legal Aid is automatically granted to Guardianship Order cases. This means that you can start an application without having to worry about incurring high legal fees.

This does not cover the legal costs of getting an application started. However, you may be able to claim for this under Legal Aid advice and assistance. You can find out more information from the Scottish Legal Aid Board.

Contact our friendly and helpful solicitors today for a full explanation of fees.

What will the court ask for in a Guardianship Order decision?

Any court that receives an application for guardianship will not only consider the terms of the suitability report, but will also want to hear from the interested parties. The court will need to have a number of questions answered before it grants an application for guardianship, including:

  • Have the interests of the subject of the guardianship order been accounted for;
  • Is there convincing evidence that a guardianship order is appropriate in the circumstances; and
  • Is there clarity on how much responsibility is to be given in a guardianship order?

Fundamentally, the adult who is the subject of the application must be deemed to not have the capacity necessary to take care of their own affairs, in accordance with the Adults with Incapacity (Scotland) Act 2000.

You can find out more information from the Office of the Public Guardian.

Who can apply to be a guardian?

It most cases, a close family member will be appointed as guardian. However, anyone who has an interest in the adult can make an application. Appointing more than one guardian is possible.

In cases where there is no one suitable to act as guardian, it is possible for a representative of the local authority to be appointed as guardian.

What is covered by a Guardianship Order?

There are different kinds of guardianship order. Depending on the circumstances, an application can be submitted for one or both of these kinds of orders. There are two kinds of Guardianship Order:

Financial – this kind of order relates to the taking of decisions in respect of money and/or financial obligations for someone else; and

Welfare – this kind of order allows someone to be able to make decisions in respect of someone else’s wellbeing and healthcare.

The most appropriate of these orders will depend on the circumstances. It may even be the case that both of these powers are sought from the courts, if it is clear that someone is completely unable to make any decisions for themselves.

Contact Family Law Dundee today for expert guardianship guidance

Family Law Dundee is a team of highly specialist family lawyers operating throughout Dundee. We provide expert advice on all aspects of Scots Family Law. We are regularly instructed to assist clients who are applying for guardianship of a loved one who is not able to look after themselves. Our team appreciate the sensitive nature of guardianship and will handle your case with care.

If you would like to know more about Guardianship Orders, contact our team today.

Call us on 01382 250 361 or contact us online.

Enquire now

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