If an adult loses capacity and is no longer to be able to make decisions for themselves, and they do not have a Power of Attorney, they may require someone else to make decisions on their behalf. Obtaining a Guardianship Order from the court will enable the guardian to act on behalf of an adult with incapacity. This can include various decisions about medical treatment, finance and care. The Adults with Incapacity (Scotland) Act 2000 creates provisions for protecting the welfare of adults who are unable to make decisions for themselves because of a mental disorder or an inability to communicate.
A guardianship order can give the authority to act on behalf of the adult with incapacity in financial matters and welfare matters. The powers given are wide-ranging and cover receiving income, paying bills, making contracts, buying and selling things, managing money, making decisions about accommodation, care services and consenting to medical treatment.
The process for obtaining a guardianship order can very often be complex so it is therefore highly recommended that legal advice is sought. If you have any queries related to guardianship orders, please do not hesitate to contact us on 0141 404 1091.