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If an Adult loses the capacity to make decisions regarding their own welfare and / or financial matters and has not granted a Power of Attorney, it is necessary for someone to be appointed as their guardian to make decisions on their behalf.

The decisions to be made can range from how best to invest money to where the Adult should live and decisions regarding medical treatment. The best person to act as a guardian is a family member or very close friend, as they know the Adult better than anyone else and are best placed to know what the Adult would have done  themself.

Guardianship orders are governed by the Adults with Incapacity (Scotland) Act 2000. A guardian has certain legal duties and the Office of the Public Guardian produces a code of practice. They also produce factsheets explaining what they require of financial guardians.

When deciding whether to appoint a guardian, and what powers should be granted, a Court will consider whether the orders sought are the least restrictive option. They will consider whether there are less restrictive options as an alternative to a guardianship order. 

We have experience of these, and have acted as Guardian in certain cases.