How to apply

If you are thinking about applying for an order, we recommend you seek legal advice. Because of the complexity involved with the application process most people use the services of a solicitor to make the application to the court.

The solicitor will provide guidance and seek information from you and others to make sure the granting of an order will be appropriate and that the powers asked for are sufficient. Your solicitor will start to draft the application and arrange for the necessary reports.

Financial guardian applications

If you are a wishing to be appointed as financial guardian and you are not acting in a professional capacity i.e. you are not a solicitor or an accountant etc. you will be asked to complete a declaration form.

This form outlines what will be expected from you and allows you to agree to the responsibilities of the role prior to making the application to the court. Your solicitor will usually issue the form to you early on in the process and it should be returned to them when completed. The completed form will be sent to us along with a copy of your application to the sheriff court.

Reports

Your application requires to be accompanied by 3 specific reports:

• 2 x medical certificates of incapacity
• 1 x suitability report:

The preparation of the reports, interviews or examination of the adult must have taken place no more than 30 days before the application is lodged. In certain circumstances, the Sheriff will have the discretion to accept medical reports which are more than 30 days old.

Your application is lodged with the sheriff court in the area where the adult lives. All interested parties will be sent a copy of the application and reports. When we receive our copy we will read through the information and let the Sheriff know if we have any observations to make.