If a relative or friend is unable to make decisions for themselves, perhaps due to a lifelong disability, catastrophic injury or declining health, an application can be made to the Court for someone to be appointed as guardian.
This can be done on a continuing basis or to allow a specific task to be done. We have considerable experience of this situation and can guide you with sensitivity and skill through the process. We are also able to represent your interests at any hearings.
In the majority of cases, the process is straight forward and can be completed without you or your relative needing to attend any court hearings.
If you are applying solely to have power to make welfare decisions for your relative or friend, you will automatically be entitled to civil legal aid to cover the court costs. You may also be eligible for legal aid advice and assistance to cover the cost of giving initial advice and making the legal aid application, failing which we are happy to agree a maximum fee for undertaking that work.
If you are applying for the power to make financial decisions for your relative or friend, we can advise on legal aid eligibility and provide an outline of fees and costs in the event that legal aid cannot be offered.
In some cases, it might not be necessary to make an application to the Court to manage finances on your relative or friend’s behalf and an application can be made to the Office of the Public Guardian for Scotland for Access to Funds to make and receive payments for your relative or friend. We are happy to navigate you through the process and help with the application forms. You may be able to reclaim some of your legal costs for making the application.
For disabled family members or older clients, we can also advise on trust law if this is relevant to your needs.
Contact our Guardianship Solicitors, Perthshire and Tayside
What matters to you, matters to us. At Macnabs, our solicitors offer practical solutions to your legal problems. Drawing on many years’ experience and in-depth professional expertise, but with a practical, down to earth approach, and straight-forward and friendly advice that keeps our clients coming back again and again. We will guide you smoothly through entire the legal process.
If you are looking for expert legal advice, get in touch to find out how we can help. We have offices in Perth, Blairgowrie, Pitlochry and Aberuthven and serve clients in Perthshire and Tayside and across Scotland. Pop into one of our offices to arrange to speak to one of our team, or give us a call on 01738 623432. Alternatively, complete our online enquiry form and someone will be in touch shortly.