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.

Please note that The Coronavirus (Scotland) Act 2020 (implemented on 7^th April 2020) put a stop on the time period for time limited guardianship orders and renewal orders. However as this was lifted on 30^th September 2020 guardians will need to re-calculate the expiry date of their order.

As the ‘clock was stopped’ from 7^th April up to and including 29^th September (a total of 176 calendar days), 176 days should be added on to the original expiry date.

The following example may help clarify the position:

• Original guardianship expiry date; 20 April 2020

Add on 176 days

• New guardianship expiry date; 13 October 2020

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.