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Legal issues

4) Guardianship

Close up view showing joined hands of elderly couple

Guardianship applies if the person has not previously made provision for power of attorney and cannot appoint someone to look after their affairs because of mental incapacity. The Adults with Incapacity (Scotland) Act 2000 states that the sheriff can appoint a guardian to manage finances and/or welfare. On going decisions can be made with a guardianship order for a specified time subject to the decision of the sherrif who grants the order. In some instances this could be a time limited order. Without a guardianship order even close relatives may not automatically be able to act on behalf of another. This process can be expensive and time consuming but you are strongly advised to get legal help.

The Office of the Public Guardian can offer advice, information and guidence but not legal assistance.

For more information see following link: Office of the Public Guardian or call 01324 678 300 during office hours.

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