If a family member in Glasgow has lost the ability to make decisions for themselves and no Power of Attorney was put in place, you may feel completely unsure what to do next. You are not alone - and this is exactly where you need to be.
You do not need to have paperwork ready. You do not need to have spoken to a solicitor before. All you need to do is tell us your situation and we will connect you with a specialist guardianship solicitor in Glasgow who handles these applications every day.
Thousands of families across Scotland face this situation every year and there is a clear legal route through it.
Guardianship applications for anyone living in Glasgow are lodged at Glasgow Sheriff Court, located at 1 Carlton Place, Glasgow, G5 9DA.
The solicitors we work with are experienced in guardianship applications at Glasgow Sheriff Court and understand the court's specific requirements, timescales, and procedures. This local knowledge matters — it means your application is prepared correctly from the outset and progresses as efficiently as possible.
For those living in surrounding areas, the relevant Sheriff Court may differ:
Not sure which court applies to your situation? Tell us where the person lives and we will connect you with the right solicitor for that area.
Areas served: Glasgow city centre, East End, Glasgow North, West End, South Side, Rutherglen, Bearsden, Milngavie, Newton Mearns, Giffnock, Clarkston, Bishopbriggs, Kirkintilloch, Dumbarton, Paisley, Hamilton, East Kilbride, Motherwell, Wishaw, Cumbernauld, and surrounding areas.
Guardianship applications for adults living in Glasgow are lodged at Glasgow Sheriff Court, located at 1 Carlton Place, Glasgow, G5 9DA. For those living in surrounding areas, the application may be lodged at Hamilton, Paisley, or Airdrie Sheriff Court depending on where the adult resides. The solicitors we work with will confirm the correct court for your specific situation.
A standard guardianship application in Glasgow typically takes 3 to 6 months from instructing a solicitor to the order being granted. This accounts for obtaining medical reports, the Mental Welfare Commission interview, preparing the court application, and the hearing at Glasgow Sheriff Court. If the situation is urgent, an interim order may be available — a solicitor can advise on this at the first consultation.
Yes. Legal Aid is automatically available for welfare guardianship applications in Scotland meaning many families pay nothing at all for the legal costs. Legal Aid may also be available for financial guardianship applications subject to a financial assessment. The solicitor will confirm your eligibility at your first consultation, before any work begins.
No. Scottish banks will not allow access to an account — by anyone, including a spouse or adult child — without either a valid Power of Attorney or a Guardianship Order in place. If a bank account has been frozen or made inaccessible because a family member has lost capacity, a financial Guardianship Order is the appropriate legal route.
Yes. Joint guardians can be appointed — for example, two adult children sharing responsibility for a parent's care. This can be useful for dividing responsibilities between financial and welfare decisions, or simply sharing the burden between family members. A solicitor will advise on whether joint guardianship is appropriate for your circumstances.
In most uncontested cases, you will not need to attend a court hearing in person. Your solicitor handles the application, lodges the documentation with Glasgow Sheriff Court, and in the majority of straightforward cases the order is granted without the applicant needing to appear. Your solicitor will advise if attendance is required in your specific case.
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.