The Adults with Incapacity (Scotland) Act 2000 protects vulnerable adults who lack the capacity to make some or all decisions for themselves due to a mental disorder or an inability to communicate. For example, this could be an elderly relative with dementia or someone who has suffered a brain injury. We can also assist where a child who has learning disabilities or other conditions that affect their capacity is about to become an adult. Parents may wish to apply for guardianship in these circumstances in order that they can retain legal authority to make decisions for their child. We understand that managing the affairs of a loved one with incapacity can be complex and sometimes stressful. We aim to provide practical support and solutions to address the needs of vulnerable
AC White Solicitors can assist with powers of attorney for individuals who are legally capable; and give advice on guardianships for those who are not.
Guardianships can be in relation to a number of matters:
- Personal welfare; or
- A combination of all of the above.
We have extensive experience in this area, and can tailor our work to you, in order to put the best arrangements in place.
Most guardianship applications are straightforward and we can guide you through the whole process. Legal aid funding is available in the majority of cases and we will assess your eligibility at the outset.
We do have extensive experience of dealing with contentious guardianship cases. Such cases can be extremely stressful and emotional. We will guide you through the process and will provide realistic advice at each stage. If you wish to oppose a guardianship application that is being made in respect of one of your relatives or friends then it is important that you get the correct advice at the earliest stage possible. Just get in touch and we will discuss your requirements.
Guardianship - Guide to Fees
Guardianship cases involve an application to the court for powers to take decisions about the welfare and/or financial affairs of a person who has lost the capacity to take those decisions for themselves. Legal aid is generally available for the court work involved in the application. An assessment will be carried out of the financial circumstances of the person who is the subject of the guardianship application to determine whether they will qualify for advice and assistance funding from the Legal Aid Board for the work done prior to legal aid being granted.
If advice and assistance funding for the pre-legal aid work is not available, then the likely private fee will be in the region of £400 plus VAT.
If Civil Legal aid is not available for the court work involved, then a likely fee for a straightforward case will be in the region of £1500 plus VAT and outlays. Outlays can be substantial as they can include court fees, fees for medical reports and sheriff officer’s fees for service of the application.
If the case is complex then our fees may be higher and will be charged according to our hourly rate.