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Guardianship Orders and Deeds of Power of Attorney; The Glasgow Law Practice Guide

If you require legal advice on Guardianship Orders and Deeds of Power of Attorney our Glasgow Law Practice solicitors can help. Jacqueline Harkins, Senior Family Law Solicitor has written the follwing helpful initial guide. Our family lawyers are happy to discuss your situation and provide free initial advice on such matters.

Guardianship Orders and Deeds of Power of Attorney; The Glasgow Law Practice Guide.

Our solicitors can prepare a deed of power of attorney that allows you peace of mind.  Appoint someone you know and trust to look after your legal, financial and welfare rights in the event that you may become incapable of making such decisions for yourself.  Rest assured that your trusted Attorney will act for your benefit, with the advantage of knowing you personally, rather than a stranger making their best efforts.

What is involved?

A deed of Power of Attorney is a legal document that allows you to appoint your spouse or partner, your adult child or adult you trust to act on your behalf.  Give your Attorney the ability to do everything you would otherwise be able to do for yourself.  Choose to appoint your Attorney to act immediately for property and financial matters (perhaps if you have mobility difficulties), or delay until or unless you may lose the capacity in the future. Welfare Powers of Attorney can be put in place for the future; to allow your Attorney to put forward your wishes regarding accommodation and medical care and make decisions for you should you become too ill or incapable of making decisions for your personal welfare and care. 

What is a Guardianship Order? 

Guardianship applies should there be a lifelong incapacity or due to a degenerative illness such as dementia, stroke or for other reasons an Adult cannot or can no longer make their own decisions (in the absence of a deed of power of attorney).  A spouse or partner, the adult child or appropriate person can take steps to act for the benefit of the person they look after.  

We can assist you to make an application to the court for a Guardianship order.  The orders will give you legal authority to make welfare decisions and property and financial decisions for the person you look after.   A Guardianship order can give the power to deal with all property and financial matters and welfare guardianship can give powers to include making decisions about accommodation and medical care. 

Do not worry about the procedure.  We are experienced in making applications to the Sheriff and shall obtain the required reports for you, formally intimate the papers and conduct the court hearing on your behalf.  We can also advise on the general obligations and actions required of a Guardian and simplify the procedure for you.  

Guardianship orders can also assist if your child has turned 16 years of age but has a severe disability or condition which means that they can`t make their own decisions as an adult. We can assist you to obtain the formal authority to continue to make decisions for the benefit of your Adult child, which may include accomodation or independent living; medical care; education; and receipt of benefits.

Civil Legal Aid is generally available when welfare powers are requested and may be available when the adult has financial assets and capital. Legal advice and assistance may be available for deeds of power of attorney and for initial work relating to Guardianship Orders. We can advise in respect of all aspects of eligibilty for legal aid and our private fees. Please contact Jacqueline Harkins on 0845 270 1858 for free initial advice or complete our online enquiry form.