News

Declaration form for prospective lay financial guardians

Sep 22, 2021

As part of the guardianship application process prospective lay guardians are asked to complete a 'declaration form' 

The form seeks information about the lay guardian’s circumstances and outlines what is expected of them if appointed as guardian. This part of the process allows prospective lay financial guardians to agree to the responsibilities of the role prior to the court making any order. The information captured at this stage provides the court with adequate information to fully assess the prospective guardian’s suitability.

Solicitors are reminded that the declaration form should be provided to their client at the outset or civil legal aid stage. The completed form should be sent to us along with intimation of the summary application.

When we receive the form, a copy will be sent 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.

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