When an adult cannot make decisions about their own affairs due to illness, injury, or disability, a guardianship order may be necessary to protect their welfare or manage their finances. At Morgans, solicitors in Dunfermline and Kinross, we assist families across Fife and throughout Scotland in applying for guardianship orders with care, clarity, and understanding.
Supporting families when capacity is lost
Losing the ability to make decisions can happen for various reasons, such as dementia, learning disabilities, brain injury, or other medical conditions. If no Power of Attorney was granted before capacity was lost, family members often need legal authority to act on behalf of their loved one.
A guardianship order, granted by the Sheriff Court under the Adults with Incapacity (Scotland) Act 2000, authorises someone to make financial, welfare, or combined decisions on behalf of the adult, ensuring their affairs and wellbeing are properly managed.
Types of guardianship
There are two main types of guardianship orders:
- Financial guardianship – allows the guardian to oversee the adult’s finances, property, and financial affairs.
- Welfare guardianship – grants authority over decisions regarding personal care, medical treatment, and where the person lives.
In many cases, both types are awarded together. Morgans will inform you of the kind of guardianship needed and guide you through each stage of the application process.
The guardianship application process
Applying for guardianship involves several important steps, including:
- Gathering medical and social work reports confirming incapacity.
- Preparing and submitting a petition to the Sheriff Court.
- Attending a court hearing during which the application is reviewed.
- Receiving the guardianship order that specifies the powers granted and its duration.
Our solicitors manage the entire process on your behalf, communicating with doctors, social work departments, and the court to ensure the application is completed efficiently and accurately.
Why engage Morgans?
✔ Experienced guidance – We have extensive experience helping families in Dunfermline, Kinross and across Fife secure guardianship orders.
✔ Compassionate support – We understand how challenging this situation can be and always act with sensitivity and respect.
✔ Comprehensive service – We manage every stage of the process and can also support ongoing guardianship arrangements.
✔ Specialist knowledge – We are well-versed in the requirements of the Adults with Incapacity (Scotland) Act 2000 and ensure full compliance.
Need to apply for guardianship? Let Morgans help you through it
If a loved one can no longer manage their affairs and no Power of Attorney is in place, contact Morgans today. Our solicitors in Dunfermline and Kinross will guide you through the guardianship process with compassion and professionalism, helping you safeguard their welfare and interests.
Frequently Asked Questions
What is a guardianship order?
It’s a legal order from the Sheriff Court that authorises someone to make welfare or financial decisions for an adult who has lost capacity.
Who can apply to be a guardian?
Usually, a close family member is appointed, but in some cases, a friend or professional adviser may be chosen if appropriate.
How long does guardianship last?
Typically three years, though it can be shorter or longer depending on the circumstances. Renewals can be applied for before the order expires.
Can Morgans help if social work is involved?
Yes. We collaborate closely with social work departments to ensure all reports and recommendations are properly completed.
What if there’s already a Power of Attorney?
If a valid Power of Attorney is in place, guardianship might not be necessary. We will examine the documents and verify the existing authority.