Guardianship Order Solicitors
Glasgow, Scotland

At Miller Samuel Hill Brown, our Glasgow Guardianship Order solicitors provide clear and compassionate legal advice to families seeking legal authority to protect vulnerable adults. We guide clients through every stage of the guardianship process and provide practical support during what can often be emotionally challenging circumstances.

What Is a Guardianship Order?

A Guardianship Order is a court order granted under the Adults with Incapacity (Scotland) Act 2000. It appoints a person, known as a guardian, to make decisions on behalf of an adult who no longer has capacity to make decisions independently.

Loss of capacity may arise due to:

• Dementia
• Alzheimer’s disease
• Mental illness
• Learning disabilities
• Brain injuries
• Stroke or serious illness
• Physical or cognitive impairment

Once appointed by the court, a guardian gains legal authority to make decisions in the best interests of the adult requiring support.

What Decisions Can a Guardian Make?

The powers granted under a Guardianship Order depend on the needs and circumstances of the adult involved.

A guardian may be appointed to deal with:

• Financial matters
• Welfare decisions
• Medical treatment decisions
• Care arrangements
• Property management
• Banking and financial affairs
• Housing decisions

The court can appoint:

• A Welfare Guardian
• A Financial Guardian
• A Combined Welfare and Financial Guardian

The powers requested must be appropriate and proportionate to the adult’s needs.

Welfare Guardianship Orders

A Welfare Guardianship Order gives authority to make decisions about an adult’s personal welfare and care.

This may include decisions regarding:

• Medical treatment
• Care home placement
• Living arrangements
• Social activities
• Daily care needs
• Support services

The guardian must always act in the adult’s best interests and take account of their past and present wishes wherever possible.

Financial Guardianship Orders

A Financial Guardianship Order allows the appointed guardian to manage financial and property affairs on behalf of the adult.

Financial powers may include:

• Managing bank accounts
• Paying bills and household expenses
• Handling pensions and benefits
• Managing investments
• Selling or maintaining property
• Protecting financial assets

Financial guardians are required to act responsibly and comply with ongoing reporting obligations.

Guardianship Orders and Powers of Attorney

Many people confuse Guardianship Orders with Powers of Attorney, but they are different legal arrangements.

A Power of Attorney is prepared while an individual still has mental capacity and allows trusted individuals to make decisions if capacity is lost in the future.

A Guardianship Order becomes necessary where:

• No Power of Attorney exists
• The adult has already lost capacity
• Additional legal authority is required

Putting a Power of Attorney in place early can often reduce the need for court intervention later in life.

Who Can Apply for a Guardianship Order?

Applications for Guardianship Orders are commonly made by:

• Family members
• Spouses or partners
• Adult children
• Close friends
• Professionals involved in care

The court will assess whether the proposed guardian is suitable and capable of carrying out the role responsibly.

Becoming a guardian is a significant legal responsibility and requires careful consideration.

When Should You Apply for a Guardianship Order?

A Guardianship Order may be necessary when an adult can no longer make informed decisions regarding their health, welfare or finances.

This often arises where an individual:

• Is vulnerable to financial abuse
• Cannot manage daily affairs independently
• Requires decisions regarding medical treatment
• Needs support managing property or finances
• Is no longer capable of understanding complex decisions

Seeking legal advice early can help families protect vulnerable relatives and avoid unnecessary complications.

How Do You Apply for a Guardianship Order in Scotland?

The guardianship application process involves several legal and medical steps.

Applications usually require:

• Two medical reports confirming incapacity
• A Mental Health Officer report
• Notification to the local authority
• Court documents outlining the powers sought

The Sheriff Court will review the evidence before deciding whether to grant the order.

Strict timescales apply to medical assessments and supporting reports. Our experienced solicitors manage the process carefully to avoid delays and ensure compliance with court requirements.

How Long Does a Guardianship Order Last?

The duration of a Guardianship Order depends on the circumstances of the adult and the nature of the incapacity.

Orders may be granted for:

• A fixed period
• Several years
• An indefinite period in long-term cases

The court will determine the appropriate duration based on the evidence provided.

Why Choose Miller Samuel Hill Brown?

Our Glasgow Guardianship Order solicitors have extensive experience supporting families through complex incapacity and elder care matters across Scotland.

Clients choose our team for:

• Experienced private client solicitors
• Clear guidance throughout the court process
• Sensitive and compassionate legal support
• Expertise in incapacity and elder law matters
• Practical advice tailored to individual circumstances

We understand how stressful these situations can be and provide professional support at every stage of the guardianship process.

Frequently Asked Questions