Guardianship Solicitors in Glasgow

What does a Guardianship provide for?

It provides authority for someone to act on behalf of an adult who is incapacitated in relation to financial and/or welfare matters. Financial guardianships include, for example, taking control of bank accounts, pensions, income etc. Welfare guardianships include, where the adult with incapacity should reside, access to personal records and medical records.

A guardianship order can be applied for by anyone who has an interest in the adult with incapacity. It does not necessarily have to be a family member, however, most guardianship orders are applied for by family members or close friends to the adult with incapacity. In addition, more than one person can be joint guardians.

Difference between a Power of Attorney and a Guardianship

Both allow for one person to act on behalf of another, to look after their financial and/or welfare matters. The difference is that a power of attorney can only be granted from an individual who can understand and explain their wishes whereas a guardianship applies when a person does not have capacity to make decisions on their own behalf. A guardianship is applied for through the courts (and can take up to six months to be granted) whereas a power of attorney is drawn up by a solicitor.

A guardianship is for a fixed period of time (unless a good reason can be shown why it should be longer) whereas a power of attorney stays in force unless revoked by the person granting the power of attorney or death.

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