A guardianship order is intended for 'continuous management', to help an adult who needs long-term involvement from someone else to make decisions involving his or her financial or welfare matters, or both.
A financial guardian can be given powers to manage the property or financial affairs of the adult, or specified aspects, in an active way. There should be a specific power to sell or acquire a property. A welfare guardian can be given powers to ensure the personal, care, medical and lifestyle needs of the adult are met.
Anyone claiming to have an interest in the property, financial affairs or personal welfare of the adult can make an application to a Sheriff Court. A private individual could be nominated as financial guardian, or a professional such as a solicitor, accountant, banker or someone from a voluntary organisation. A professional appointment may be preferable if the adult has a large estate and complex affairs.
The sheriff would have to be satisfied that the adult is incapable with regard to the matters in question, and that there is no other suitable means of safeguarding or promoting the adult's interests in these matters.
The initial period of guardianship will be three years unless the sheriff decides otherwise. If, or when, the order is renewed it can be for five years or even indefinitely.
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