For the purposes of incapacity law an Adult is anyone who has attained the age of 16 years. If such Adult does not have the capacity to deal with their own welfare or financial affairs then it is open to someone else with a relevant interest to apply to the Sheriff Court for a Guardianship Order.
Where the Guardianship Order is to include issues relating to the Adult’s welfare then Legal Aid is made available for the majority of the costs which are involved.
The preparation and conduct of such cases is somewhat technical with Reports requiring to be instructed from a Mental Health Officer and Consultant Psychiatrist. Early intervention to look after the affairs of a loved one who can no longer manage is recommended.
Please contact us for more information.