Guardianship orders are put in place to help when people are unable to manage their own affairs. You might be aware of the legal term for this “incapacity”. When a person is deemed to be “incapable” of looking after their own affairs as a result of illness, age or accident, their affairs will still need to be managed. The law provides for this by allowing guardianship orders to be put in place.
Guardianship orders – But I don’t have Power of Attorney
If we have not been granted power of attorney, it may be we may need an intervention order or guardianship orders. These are granted by the court when a person becomes incapable of managing their financial affairs. The difference between the two, is that a guardianship order is an ongoing power to manage a person’s affairs, whereas an intervention order deals with a specific issue. When making an application for a guardianship order, the person wishing to be the guardian will have to state what powers are being applied for and why these powers are being sought. These can be: Welfare powers which apply to personal issues such as healthcare, residence, contact with others etc and property/financial powers apply to things such as paying bills; looking after pensions; the buying and selling of property or shares and anything else of value.
Guardianship orders – Who can be appointed?
When Guardianship orders are appointed it is usually the next of kin or another close relative or a friend. Legally speaking, anyone can be appointed a guardian and it is possible to have more than one guardian appointed, for example one guardian can deal with the person’s welfare and another, often a solicitor or lawyer, can be appointed to deal with financial and property transactions. However, the powers can be shared. There is so much more to be taken into consideration when looking at guardianship orders which is why we would recommend seeking advice. We can help with this, simply call us today on 0131 510 5764 and arrange a consultation with one of our experienced lawyers.