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Guardianships for Adults
A specialist service for those needing to take control of the affairs of a mentally incapable adult.
To most people, the term ‘guardianship’ immediately brings to mind the appointment of someone to look after children in the event of a parent’s untimely death, usually as an instruction in the parent’s Will.
However, this also refers to the complex legal process which may be necessary to give legal authority to a relative or friend to take over responsibility for the financial affairs or welfare of an adult considered no longer mentally capable of making such decisions themselves – most typically in the case of dementia.
Unless a Power of Attorney agreement had previously been put in place while the person in question was still of sound mind, the only way that control of their affairs can be passed over to someone else is to apply to the Court for temporary emergency Intervention Order or, indeed, for a full Guardianship Order.
This is no easy matter. The process can be cumbersome, tedious and extremely complicated, potentially taking months of putting together and presenting complex legal documents to the Court with even more restrictive requirements to be met if Guardianship is eventually granted.
If you ever have to go down the Guardianship route due to the absence of a Power of Attorney, it is vitally important to get expert legal advice – and as one of only a small number of law firms in Scotland to offer a specialist Guardianship service, there can surely be no better choice than Pagan Osborne.
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