James Guthrie & Co Solicitors



Guardianship Order

A Guardianship Order can be granted by the courts in circumstances where an adult has lost capacity to act on their own behalf and no Attorney has been appointed prior to the adult losing capacity.

Adults with Incapacity (Scotland) Act 2000

The law of Scotland presumes that those over the age of 16 are capable of making personal decisions and managing their own affairs independently. However, when this is not the case the courts may overturn this presumption of capacity where medical evidence states otherwise. The Adults with Incapacity (Scotland) Act 2000 defines “incapable” as somebody who is unable to act, or make decisions, or communicate decisions, or understand decisions or retain the memory of decisions.

Experienced Solicitors

In the event that somebody you know loses capacity, it is important that you act promptly in order to act on their behalf. Anybody with an interest in the adult’s wellbeing, that will serve the adult to their benefit, can be appointed by the courts. However, the process of obtaining Guardianship orders can be lengthy and complex. Our experienced solicitors can support you throughout this process and ensure you are able to look after the adult that requires your assistance.