4.24 Under paragraph 46(1)(a), directors of an approved entity may not manage, hold or dispose of a resident`s funds under Part 4 of the Act if a guardianship order has been made on the same matter. 4.38 The involvement of a local authority in guardianship applications is usually the result of care assessment and management procedures and generally relates to personal welfare needs identified in those procedures. 4.1 A guardianship order provides the authority to act on behalf of an adult on a long-term basis and to make certain decisions that cannot do so for the adult. The powers granted may relate to money, property, personal well-being and health of the person. Depending on the person`s needs, an application for a financial order and/or social assistance may be submitted. The application, to which certain reports must be attached, is addressed to the sheriff`s court of the area where the person lives or owns property. The sheriff decides whether the person has a guardian and the capacity of the person or persons who wish to assume guardianship. After placement, the order is registered with OPG and can then be put into operation. Schedule 2 sets out the conditions for applying for an intervention or guardianship order. The process is the same for both order types. Guardianship can be applied for by more than one person as a joint guardian. This can be useful because it allows tasks to be shared between different family members, for example.
It should be noted that a sheriff usually only appoints family members as joint guardians. 4.16 A guardian with property and financial powers has the right, subject to certain restrictions, to use the capital and income of the adult`s estate to acquire property, services or housing to improve the adult`s quality of life. These guardians should determine whether the adult is eligible for other forms of financial assistance to cover the costs of providing services or accommodation. It will be a good practice to involve the adult, the adult`s family and the caregiver to ensure that reasonable requests are made. If there is no power of attorney and a family member or close friend is suddenly unable to look after their own business, you may be appointed as an intervenor or guardian. This is done by filing an application with the sheriff`s court. This can be a long and complicated process, and the Office of the Public Guardian recommends that you seek legal assistance. You may be eligible for legal aid. A lawyer can be found on the website of the Law Society of Scotland. An alternate guardian may be appointed at the time of application.
This replacement would replace the original guardian if he is unable to act further. 4.22 Under article 24, paragraph 2, the power of attorney for a lawyer terminates when a guardian with the same powers is appointed. They file an application for guardianship with the local sheriff`s court in the area where the adult lives as a “summary application.” Most people hire a lawyer to file the application for them. A local authority may also apply for a guardianship order. This would occur once the authority has assessed the adult`s needs and deemed a guardianship order necessary. You will then request an order if no one else is present. You may want to seek advice from a lawyer before applying to be a guardian of a child. You can also seek advice if a will has asked you to become a guardian and you don`t know what to do. 4.31 If SWOC is appointed as a guardian, it is not entitled to remuneration. If the request for legal advice is deemed both appropriate and beneficial to the adult, the request will include a list of the powers you need to deal with the adult`s business. Powers of attorney may be requested to deal with the adult`s property and/or financial affairs and/or to make decisions about the adult`s personal well-being.
If a will (or other written document signed by the parent) asks you to become a guardian and another parent or guardian of a child is still alive, their rights do not change.