Who can apply to be a guardian?

Anyone with an interest in the adult can apply to the sheriff court for an order. This could be:

  • a family member,
  • a carer of the adult,
  • a professional person (solicitor, accountant, etc),
  • the Chief Social Work Officer of the local authority.

Several people can be involved in the application process. An application can be made to appoint more than 1 guardian and / or substitute guardians. It is possible for the applicant and the guardian to be different people. For example, you may be willing to be appointed under the guardianship order but you may prefer the local authority to carry out the technical business of applying for the order, obtaining the necessary reports, and appearing before the Sheriff. It should be noted that this would be at the discretion of the local authority.