Renewing an order

How will I know if the guardianship order is about to expire?

The original court order will detail the length of your appointment. We will write to you 6 months prior to the order expiring to let you know that the guardianship order is due to come to an end. At this stage we will ask you if you intend to renew the order. If no reply is received, we will inform the local authority and they will consider if it is necessary for another guardian to be appointed.  The Code of Practice provided by the Scottish Government gives more advice on renewing the appointment.

How do I renew my appointment?

You can do this by making an application to the sheriff court, however you should seek legal advice before doing so. If you still need guardianship powers it is important that you make your re-application to court before the original order expires. In doing so it means that you will be able to keep acting while the application is being considered. Your renewal application must be accompanied by at least 1 medical report, a report from the local authority where there are welfare powers and / or a report from the Public Guardian where there are financial powers. Our report will comment on the way in which you carried out your duties.

If you do not submit your application prior to the order expiring your powers will fall on the expiry date and you will no longer be able to act. If a guardianship is still needed you will need to make a fresh application to the court in the same way you did initially.

What do I need to do if the Guardianship expires?

If you do not apply to renew your powers we will contact you 4 weeks after the financial guardianship order expired. You will be asked to submit a final account which once agreed, will bring our supervision to an end.