If someone you care for has lost mental capacity and no Power of Attorney is in place, you may feel unsure where to turn — and you're not alone. In Scotland, this situation typically means going through the courts to obtain a Guardianship Order, and it requires a solicitor who knows the process.
We connect individuals and families across Scotland with experienced solicitors who handle adult guardianship applications, emergency orders, and related court procedures — taking the stress out of finding the right legal help at an already difficult time.
Whether you are based in Glasgow, Edinburgh, Dundee, Aberdeen, Fife or elsewhere in Scotland, we will connect you with a solicitor local to you, familiar with your Sheriff Court and the procedures involved.
You are not alone in this. Thousands of Scottish families face this situation every year and there is a clear legal route through it.
It depends on whether your parent still has sufficient mental capacity to understand and agree to a Power of Attorney. Dementia does not automatically remove capacity - it varies by person and stage of diagnosis. If there is any possibility capacity remains, contact a solicitor immediately. If capacity is gone, a Guardianship Order is the appropriate alternative and does not require your parent's consent.
No. Scottish banks will not allow access to another account by anyone, including a spouse or adult child, without either a valid Power of Attorney or a Guardianship Order in place. Some banks allow limited access for funeral expenses, but for general account access and management, a legal order is required.
A standard Guardianship Order application in Scotland typically takes 3 to 6 months from instructing a solicitor to the order being granted by the Sheriff Court. If the situation is urgent, an Interim Guardianship Order can sometimes be obtained more quickly while the full application is processed.
Legal Aid is automatically available for welfare guardianship applications in Scotland, meaning many families pay nothing for the legal costs. Financial guardianship may also qualify subject to assessment. Where Legal Aid does not apply, total costs typically fall in the range of £1,500 to £3,000 or more. A solicitor can confirm your position at the first consultation.
Yes. In most cases it is a close family member (a spouse, adult child, or sibling) who is appointed as guardian. Anyone with an interest in the person can apply, including friends or carers. The court will consider whether the proposed guardian is appropriate and acting in the best interests of the person who lacks capacity.
Guardians in Scotland are supervised by the Office of the Public Guardian (Scotland). Financial guardians must submit annual accounts showing how the person's money has been managed. This oversight protects the person who lacks capacity and ensures guardians act in their best interests at all times.
The Adults with Incapacity (Scotland) Act 2000 is the law that governs how decisions are made on behalf of adults in Scotland who lack the mental capacity to make decisions for themselves. It sets out who can apply for a Guardianship Order, what powers can be granted, how the court process works, and how guardians are supervised once appointed. All guardianship applications in Scotland are made under this Act.
Yes. A Guardianship Order is typically granted for a fixed period - most commonly three years. Before it expires, an application can be made to renew it. Where the underlying condition is permanent and progressive - such as dementia or a lifelong learning disability - orders are regularly renewed and the guardian continues to act for as long as necessary. Your solicitor will advise you on renewal well in advance of the expiry date.