Guardianship Orders in Scotland

A guardianship order is a legal arrangement that allows someone to make decisions on behalf of an adult who is no longer able to do so themselves. In Scotland, guardianship orders are governed by the Adults with Incapacity (Scotland) Act and are typically granted through the sheriff court.

This page explains what guardianship orders are, when they may be required, and how solicitors can help guide you through the process.

When families start looking for guardianship

Needing to consider a guardianship order often comes at a stressful time. Many people reach this point after months or years of managing without formal legal authority, only to realise that important decisions can no longer be made without it.

Feeling uncertain, overwhelmed, or unsure where to start is completely normal. Guardianship exists to protect adults who lack capacity, while ensuring decisions are made lawfully and in their best interests.

When might a guardianship order be needed?

Guardianship orders are typically considered when an adult can no longer make certain decisions and no less restrictive legal option is available.

Common situations include:

Dementia or Alzheimer’s disease
A family member can no longer manage their own affairs
Managing financial or property matters for an adult lacking capacity
Making welfare, care, or medical decisions on someone’s behalf
Care home placement requiring legal authority
Progressive conditions such as dementia or acquired brain injury
Mental health conditions requiring formal decision-making powers
Situations where a Power of Attorney is no longer sufficient or was never put in place

Each case is different. A solicitor can confirm whether guardianship is appropriate based on your circumstances.

Types of guardianship applications

Scottish solicitors prepare and lodge applications for various types of legal authority under the Adults with Incapacity (Scotland) Act 2000.

Financial guardianship

Authority to manage bank accounts, benefits, property, and financial affairs when capacity has been lost.

Welfare guardianship

Authority to make decisions about care, medical treatment, and living arrangements on behalf of an adult who lacks capacity.

Combined orders

Applications for both financial and welfare powers when comprehensive authority is required.

How the guardianship process works

While each case is different, the guardianship process generally involves:

Obtaining medical and professional reports
Preparing a court application
Submitting the application to the sheriff court
Court consideration and possible hearings
Appointment of the guardian and supervision arrangements

A solicitor manages this process, ensuring the correct steps are followed and that the application meets legal requirements.
For urgent cases, an Emergency Guardianship order may be needed.

How long does a guardianship application take in Scotland?

Applying for a guardianship order can vary in time, but typically takes a few months, depending on reports, court dates etc, all of which will be explained in detail by your solicitor. An intirim/emergency situation may be available. More information on these can be found on our Emergency Guardianship page where you can request to speak to a solicitor about this.

How long does a guardianship order last?

Guardianship orders are usually granted for a specific period, commonly three years, although shorter or longer periods may be approved depending on the circumstances.

Orders can be renewed, varied, or brought to an end if circumstances change. A solicitor can advise on what is appropriate in your situation.

Adult Guardianship Order Costs

Applying for a guardianship order is a formal court process and is generally more involved than other legal arrangements. Costs reflect the legal work required, medical reporting, and court oversight.

People researching guardianship often see estimated figures online. In most cases, guardianship applications fall into the several-thousand-pound range, depending on complexity and the powers required.

Costs are discussed directly with the solicitor once your circumstances have been reviewed.

How we help with Guardianship Orders

This service exists to connect people with solicitors who regularly handle adult incapacity and guardianship cases in Scotland.

We do not provide legal advice. Instead, we help make the first step clearer by introducing you to solicitors with relevant experience. Once introduced, the solicitor handles all legal discussions and guidance directly with you.

See our FAQ section for help regarding common questions regarding adult guardianship orders.

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Complete our easy to use form with details about the matter requiring assistance.

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Get help with a guardianship order

If you’re considering a guardianship order and would like to speak with a solicitor experienced in adult incapacity law, you can submit an enquiry below.

Taking the first step now can help bring clarity and reassurance to an otherwise difficult situation.

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Independent referral service – not legal advice

We connect you directly with Scottish solicitors experienced in adult guardianship matters. By using this service, your enquiry is handled quickly and routed to the right solicitor, saving you time and stress.
For more information in your area, we have dedicated local solicitor pages covering Glasgow and Edinburgh clients.

Guardianship Scotland

An independent information and referral service connecting people in Scotland with solicitors experienced in adult incapacity and guardianship matters.

Use our contact form to get connected to solicitors in your area who specialise in adult guardianship cases.

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Independent referral service – not legal advice
We connect you directly with Scottish solicitors experienced in adult guardianship matters. By using this service, your enquiry is handled quickly and routed to the right solicitor, saving you time and stress.