News

Attention Guardians – Time period to resume for time limited guardianship orders

Sep 28, 2020

SSI 2020 No. 267 The Coronavirus (Scotland) Act 2020 (suspension: Adults with Incapacity) Regulations 2020; comes into force on 30 September 2020. These regulations suspend the provisions of schedule 3 of the Coronavirus (Scotland) Act 2020, implemented on 7 April 2020.

This means that from 30 September 2020 the time period for all time limited guardianship orders and renewal orders will be resumed. Guardians will need to re-calculate the expiry date of their order. As the clock was stopped; from 7th April up to and including 29th September (a total of 176 calendar days), 176 days should be added on to the original expiry date. The following example may help clarify the position:

Example

Original guardianship expiry date; 20 April 2020

Add on 176 days

New guardianship expiry date; 13 October 2020

Please see https://www.gov.scot/publications/coronavirus-covid-19-adults-with-incapacity-guidance/ for further guidance on the matter.