Guardianship Orders in Scotland
If someone close to you can no longer make decisions about their health, money, or daily life, and they haven’t set up a Power of Attorney, you may need to apply for a Guardianship Order. At Pomphreys Solicitors in Wishaw, we guide families through this sensitive legal process with compassion and clarity.
What is a Guardianship Order?
A Guardianship Order is a court order granted by the Sheriff Court that gives someone (usually a family member or carer) the legal authority to make decisions on behalf of an adult who lacks mental capacity. It’s commonly used where the adult:
- Has a learning disability or autism
- Is living with dementia
- Has suffered a serious brain injury
- Lacks insight into a long-term mental health condition
If no Power of Attorney was created while the person still had capacity, Guardianship is usually the only way to manage their affairs legally.
Types of Guardianship Orders
There are two main types of powers that can be granted:
- Welfare Guardianship – allows decisions about healthcare, living arrangements, personal care, and daily routines
- Financial Guardianship – gives authority to manage money, pay bills, deal with pensions or benefits, and handle property
Many Guardianship Orders include both sets of powers. The court will only grant what is necessary and proportionate to meet the adult’s needs.
The Application Process
Applying for a Guardianship Order involves several legal and medical steps. Pomphreys will support you throughout, including:
- Initial advice – we assess whether Guardianship is appropriate and explain your responsibilities
- Gathering reports – two medical assessments are required. In the case of a Welfare Guardianship, you will need a social work or mental health officer’s report
- Preparing the application – we draft and submit the paperwork to the Sheriff Court
- Attending the hearing – we represent you in court and liaise with the local authority
- Post-order support – we explain your ongoing duties and help you report to the Office of the Public Guardian
The process can take several months, but we’ll keep things moving and support you at each stage.
Why Choose Pomphreys Solicitors?
We’ve helped many families in Wishaw and across Lanarkshire apply for Guardianship when a loved one has lost capacity. Clients appreciate that:
- ✅ We take time to explain what Guardianship involves
✅ We handle the legal and emotional complexities with care
✅ We work closely with doctors, social workers and the courts
✅ We’re committed to acting in the adult’s best interests
We also advise on alternatives—such as Intervention Orders—where appropriate.
Protect the Ones You Love with the Right Legal Authority
If someone close to you can no longer manage their own affairs, a guardianship order can ensure their needs are met. Contact Pomphreys Solicitors today to start the process. We’ll guide you every step of the way with sensitivity and expertise.
You may also wish to explore:
- Power of Attorney – to avoid the need for Guardianship in future
- Wills – for planning ahead and protecting dependants
- Estate Planning – for families managing long-term care costs
❓ Common Questions about Guardianship Orders in Scotland
How long does it take to get a Guardianship Order?
Usually 3 – 6 months, depending on how quickly reports are obtained and the court schedule. The timescale can also be extended if someone disputes the Guardianship appointment.
Can the Order be renewed?
Yes. Guardianship Orders are usually granted for 3 years but can be renewed or made permanent with court approval.
What if someone else wants to be guardian too?
Multiple guardians can be appointed, or the court will decide who is most suitable based on the adult’s welfare.
