Best Guardianship Lawyers in Aberdeen

About Guardianship Law in Aberdeen, United Kingdom

Guardianship in Aberdeen operates under Scots law, which is distinct from the law of England and Wales. For adults who lack capacity to make some or all decisions, the Adults with Incapacity Scotland Act 2000 provides a court process to appoint a guardian to make welfare decisions, financial decisions, or both. For children, a guardian can be appointed to hold parental responsibilities and rights if a parent dies or is unable to care for the child, or by order of the court where it is in the child’s best interests. Applications are heard at the local sheriff court, which for Aberdeen is the Aberdeen Sheriff Court. Oversight and supervision is provided by the Office of the Public Guardian Scotland for financial matters and by the local authority for welfare matters.

Why You May Need a Lawyer

People often seek legal help with guardianship because the rules are technical, the paperwork is significant, and the decisions can deeply affect a person’s rights and daily life. Common situations include an older relative with dementia who can no longer manage money or consent to care, a young person with a learning disability approaching age 16 who will still need support to make decisions, an adult with a brain injury who needs help with housing and benefits, or a child who needs a stable long term carer when parents are unable to provide care. A solicitor can advise on whether guardianship is necessary or whether a less restrictive option would work, prepare the court application and supporting reports, represent you at the sheriff court, and explain the duties and ongoing reporting required if you are appointed. Legal aid may be available depending on your financial circumstances and the type of order sought.

Local Laws Overview

The Adults with Incapacity Scotland Act 2000 sets out the framework for adult guardianship in Aberdeen. Any intervention must benefit the adult, be the least restrictive option, take account of the adult’s present and past wishes, and involve key people in the adult’s life. There are three types of adult guardianship orders in Scotland. Welfare guardianship covers personal welfare decisions such as care, residence, and medical welfare decisions. Financial or property guardianship covers managing money, property, and benefits. Combined guardianship covers both. An intervention order may be used instead for a one off decision.

Adult guardianship applications are made by summary application to the sheriff court. Evidence is required to show lack of capacity and the need for powers. Normally two medical reports are needed for adult capacity, and for welfare guardianship a Mental Health Officer report from the local authority is also required. For financial guardianship, the court will usually require a bond of caution, which is an insurance policy to protect the adult’s funds. If granted, financial guardians must submit an inventory of estate and a management plan to the Office of the Public Guardian Scotland and provide annual accounts. Welfare guardians are supervised by the local authority social work department.

For children, guardianship and parental responsibility orders are governed by the Children Scotland Act 1995 as amended by the Children Scotland Act 2020. A parent with parental responsibilities and rights can appoint a guardian by will or written deed, which takes effect if the parent dies or becomes incapable. The sheriff court can also appoint a guardian where it is better for the child than any other option. The court looks at the child’s welfare as the paramount consideration and must consider the child’s views in a manner appropriate to the child’s age and understanding. In some situations, a kinship care or specific Section 11 order granting parental responsibilities and rights may be more suitable than guardianship.

Local practice in Aberdeen involves hearings at Aberdeen Sheriff Court. Aberdeen City Council social work services provide Mental Health Officer reports for adult welfare applications and supervise welfare guardians. The Office of the Public Guardian Scotland maintains the public register of financial guardians and oversees financial reporting. The Mental Welfare Commission for Scotland has a role in safeguarding the rights of adults who are subject to welfare guardianship or other mental health interventions. Urgent situations can be addressed by seeking an interim order while the full application is pending.

Frequently Asked Questions

What is the difference between guardianship and power of attorney

Power of attorney is granted by a capable adult in advance, choosing who will decide for them if they later lose capacity. Guardianship is granted by the court after capacity is lost, and it gives powers to a guardian because the adult can no longer grant authority themselves. Where possible, a valid power of attorney is preferred because it respects the adult’s own choice and is usually quicker and cheaper to use.

Who can apply to be a guardian in Aberdeen

Family members, friends, or a professional can apply. The local authority can also apply, and the chief social work officer can be appointed where there is no suitable private individual. The sheriff will consider the suitability of the applicant, the views of the adult or child, and the likely benefit of the proposed powers.

What evidence do I need for an adult guardianship application

You will need medical reports showing that the adult lacks capacity for the relevant decisions. Usually two medical practitioners must provide reports. For welfare guardianship, a Mental Health Officer report is required. Your solicitor will also draft a detailed statement explaining why the specific powers are necessary and proportionate.

How long does the process take

Timescales vary. A straightforward adult application in Aberdeen commonly takes around 3 to 6 months from instruction to final order, but it can take longer if reports are delayed or the application is contested. If urgent decisions are needed, an interim order can sometimes be obtained within weeks.

What duties does an appointed guardian have

Guardians must act for the benefit of the adult or child, use the least restrictive option, consult the person and relevant others, and keep proper records. Financial guardians must lodge an inventory and management plan, obtain a bond of caution, and file annual accounts with the Office of the Public Guardian Scotland. Welfare guardians are supervised by the local authority and may have review meetings. All guardians must only use powers granted by the court.

How long does a guardianship order last

Adult guardianship orders are commonly granted for a fixed period, often 3 years, but the sheriff can set a shorter or longer period if justified. Before expiry, an application can be made to renew the order with updated reports. The court can also grant indefinite orders where appropriate. Child guardianship continues until the child reaches 16 or, for some responsibilities and rights, until 18, unless the court varies or ends the order sooner.

How much will it cost and is legal aid available

Costs can include solicitor fees, court fees, medical report fees, the bond of caution premium for financial guardianship, and ongoing accounting costs. Eligibility for civil legal aid or advice and assistance is assessed by the Scottish Legal Aid Board and depends on your means and the merits of the case. Your solicitor can check eligibility and apply on your behalf.

Can guardianship be changed, challenged, or ended

Yes. Interested parties can oppose an application. After appointment, anyone with an interest can apply to the sheriff court to vary or recall the order if circumstances change. The Office of the Public Guardian Scotland and the local authority can investigate concerns about how powers are being used. The adult or child’s views should always be considered.

What if an urgent decision is needed before the full case is decided

You can ask the sheriff court for an interim guardianship or interim specific powers while the full application is processed, if there is an immediate need. Evidence of urgency and benefit will be required. Your solicitor can prepare the interim motion and supporting documents.

My child with additional needs is turning 16, what should I do

At 16, a young person in Scotland is legally an adult. Parents no longer automatically make decisions. If your child will lack capacity for some decisions at 16, speak to a solicitor well in advance to assess whether a power of attorney can be granted or whether guardianship or an intervention order is needed. Planning ahead can prevent gaps in decision making for health, education, and finances.

Additional Resources

Office of the Public Guardian Scotland - Registers financial guardians, approves management plans, supervises financial guardians, and provides forms and guidance for adult financial interventions.

Mental Welfare Commission for Scotland - Safeguards the rights of people with mental illness, learning disability, or related conditions, including those subject to welfare guardianship, and offers advice on good practice.

Aberdeen Sheriff Court - Hears guardianship and intervention order applications for the Aberdeen area and issues interlocutors and final orders.

Aberdeen City Council Social Work - Provides Mental Health Officer reports for adult welfare applications, supervises welfare guardians, and supports adults and families involved in guardianship.

Scottish Legal Aid Board - Assesses eligibility for advice and assistance and civil legal aid for guardianship and related matters.

Law Society of Scotland - Can help you find a solicitor in Aberdeen experienced in incapacity law or family law, including accredited specialists.

Adults with Incapacity Scotland Act 2000 Codes of Practice - Set out detailed guidance for applicants, guardians, attorneys, and professionals on how to apply the principles and comply with duties.

Children Scotland Act guidance - Explains parental responsibilities and rights, appointment of guardians for children, and court orders under Section 11.

Next Steps

Identify the decision making problems you are facing and consider whether a less restrictive option could work, such as a valid power of attorney, the Access to Funds scheme, or an intervention order for a one off decision. If ongoing and wider powers are needed, guardianship may be appropriate.

Speak to a solicitor in Aberdeen with experience in incapacity law or family law. Ask about timescales, likely costs, and legal aid. If you are seeking adult welfare guardianship, contact Aberdeen City Council to request a Mental Health Officer assessment, as their report will be required by the court.

Gather evidence early. For adult cases, arrange the necessary medical capacity assessments. For financial cases, be ready to list income, assets, debts, and regular outgoings so an inventory and management plan can be prepared. For child cases, collect information about the child’s needs, schooling, health, and family circumstances.

Agree who the proposed guardian should be and which specific powers are required. Tailor the powers to what is necessary. Overly broad powers may be refused. Your solicitor will draft the summary application and supporting statements to demonstrate benefit and least restrictive practice.

Plan for what happens after appointment. Financial guardians should budget for the bond of caution and understand annual accounting duties. Welfare guardians should plan how they will consult the adult or child and key family members, record decisions, and work with social work services.

If the situation is urgent, ask your solicitor about applying for an interim order so that essential decisions can be made while the full application proceeds. Acting promptly can prevent delays in care, treatment, or access to funds.

This guide is for general information. For advice tailored to your situation in Aberdeen, consult a qualified solicitor.