News

New Declaration Form for prospective lay financial guardians

Feb 22, 2021

From 29 March 2021 all prospective lay financial guardians will be asked to complete a 'declaration form' . Solicitors are asked to note this change as they will be instrumental in providing the court with sufficient information to allow the court to fully assess the suitability of a prospective lay guardian.

The form can be issued to clients prior to 29 March 2021 as this will help to promote familiarity and raise awareness of the associated processes.

Completion of the form will ensure that prospective lay financial guardians understand what is expected of them and that they agree to the responsibilities of the role prior to making the application to the court.

 

How will it work?

1.    We ask that solicitors provide the ‘declaration’ form to their client at the outset or civil legal aid stage. This should be completed and returned to the solicitor. The form should then be sent to us along with intimation of the summary application.

2.    If we do not receive the form we will write to the prospective financial guardian to ask that they complete and return the form to us five days before the court hearing date.

3.    We will send a copy of the form to the court along with our letter outlining any observations.  We will observe to the court whether the form was completed and returned. When appropriate we will direct the Sheriff to any sections of the form which may promote the suitability of the prospective guardian or to any section which may flag concern in respect of their suitability.

The information captured at this stage will provide the court with adequate information to fully assess the prospective guardian’s suitability.

For further information please email: opgorders@scotcourts.gov.uk