The need for a Guardianship arises when an adult has become incapable, usually through mental or physical illness, but has made no arrangement for their care as an adult with incapacity, such as signing a Power of Attorney.
A Power of Attorney is signed before the individual becomes incapable, but a Guardianship is appointed by the court after someone becomes incapable. It is important to obtain legal advice about both of these.
A Guardian looks after an individual's finances or his or her personal welfare. Without this arrangement in place, the affairs of the incapable adult cannot legally be dealt with by anyone, for example by friends or family members. This can easily lead to potential problems, particularly with financial matters such as assets and pensions.
It is understandable that having to resort to an application for a Guardian may be difficult for loved ones. However, our dedicated lawyers based in Aberdeen, Dundee, Edinburgh, Glasgow and Perth are widely recognised by their clients and peers alike as specialists and leaders in this specialised field, making a difficult experience altogether more manageable for the family.