Guardianship
By law, if an adult is unable to make a safe decision about his or her own welfare, a court can appoint someone else to make decisions for them. This person is known as a welfare guardian. This leaflet is to help guardians, carers, and relatives of people who have guardians, to understand our role and what that means for them. The role of guardians is set out in the Adults with Incapacity Act (Scotland) 2000. This Act aims to protect and promote the welfare of adults with a mental illness, learning disability or other mental disorder.
Guardianship needs to be considered as part of the transition planning process through the Child’s Plan.
Applications should be considered when a young person with complex needs reaches the age of 15 and six months with aim of the guardianship being place for them leaving school. This will enable the appointed adult to make decisions regarding the post school arrangements for that young person when they reach adulthood at 18 years of age.
Any interested party including family members or a friend can apply for a guardianship order. The application process involves:
- seeking legal advice to ensure that the guardianship is ‘appropriate’ and ‘beneficial’ to the adult in question.
- preparing documentation including ‘medical’ reports confirming the adult’s incapacity and about their financial situation. It may require a diagnosis of Intellectual disability.
- Submitting an application.
Guardianship orders are typically granted for three years, but they can be extended or made permanent. There are costs involved.
For more information refer to:
Office of Public Guardianship (Scotland) What is a guardianship order
