![]() More information about the options available can be obtained from the website of the Office of the Public Guardian for Scotland.Īdditional support for the application could come from: Department of Work and Pensions appointee arrangement.An Access to Funds Application (in the case of financial guardianship).We would expect your client to have considered all other available options, including: The court will only appoint a guardian if this is the least restrictive option available. Address the appropriateness of the order.Ī brief statement of one or two pages will usually suffice.Information about the nature of the adult’s incapacity.Your client should mention this in your statutory statement if this is the case.Īn application for legal aid to pursue guardianship should be accompanied by a statement from your client giving details of: However, you will only need to make one application if the court is willing to accept a “counterclaim”. Here, two applications would be needed – one to oppose the proceedings and one for your own minute. Legal aid is available to oppose another person’s guardianship proceedings and raise your own guardianship order. Reports should be obtained at a suitable stage so that there is no risk of them time barring. You need to apply for a guardianship order prior to a young adult’s sixteenth birthday. The only exception to this is if the substitute guardian is also raising proceedings in their own name. ![]() Applications for civil legal aid to raise proceedings for welfare and/or financial guardianship should be submitted in the name of the proposed guardian, or the party who is opposing the order.Įach person applying to become a joint guardian needs to submit their own application for legal aid, unless proceedings are only for one guardian to be appointed with a substitute guardian also named.
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