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How do you appoint a Guardian

In this section of our website, we’re discussing adults with incapacity. That is, adults who can no longer look after their own affairs. The main causes of this in elderly people are illnesses such as Dementia, Alzheimer, Parkinsons and diseases of a similar nature. Sometimes, someone who has an accident or contracts an illness which incapacitates them and prevents them from looking after their own affairs is another reason for appointing a guardian. In these cases, it generally has nothing to do with age! Finally, you might need to apply for a guardianship for a young adult with incapacity. Parents lose their right to make decisions for young adults when they reach the age of 16. in all these cases, the court will appoint a guardian.

Appointing a guardian is time consuming and can be expensive. First of all, you have to apply to court. After that, you have to provide medical evidence. This must show that the person isn’t ab;e to look after their own affairs. The court will decide if the guardian acceptable. A challenge might be made to the appointment – usually by a relative. If a challenge is made, it takes longer and costs more before a guardian is eventually appointed

What powers does the guardian have?

The guardian “steps into the shoes” of the incapacitated person. Once appointed, the guardian deals with all financial and welfare issues.

Is the guardianship monitored?

The Office of the Public Guardian in Scotland and the Scottish courts monitor guardianships in Scotland. The courts normally grant a guardianship for a three year period but it can be granted for longer or for the lifetime of the adult.

When does the guardianship end?

The guardianship ends on the death of the incapacitated person or on the death of the guardian. The guardian can also resign from the position. Another guardian must be appointed if a guardian resigns.

Can the appointment of a guardian be challenged?

You can challenge the appointment of a guardian.  You can make a challenge when the application for the appointment is first made. If you’re challenging the appointment, you must explain and provide evidence as to why a guardian shouldn’t be appointed.

Sometimes it’s inevitable that a guardian is appointed. Having a Power of Attorney is a good way of avoiding the need for a guardian. A Financial and Welfare Power of Attorney continues even if the granter is can’t look after their own affairs.

Do you need help with a guardianship?

Get in touch if you need any help and advice about appointing a guardian