Does someone need a Guardianship Order?

When an adult can no longer make some decisions for themselves — and there's no Power of Attorney in place — a family often needs legal authority to act. In Scotland that's set out in the Adults with Incapacity (Scotland) Act 2000. This free guide walks you through it, tells you which option is likely to fit, and gives you a personalised checklist.

Important: this is a free guide to help you understand your options — it is not legal advice and doesn't replace a solicitor, social work, or the court.

A few questions

Answer for the person you're helping. There are no wrong answers — "Unsure" is fine.

1Can the person currently make these decisions for themselves?

Capacity is decision-specific — someone may manage some choices but not others.

Yes, they canThey understand and can decide, at least for now.No, they can'tThey can no longer understand or make these decisions.I'm not sureIt varies, or it hasn't been properly assessed yet.

2Do they already have any of these in place?

A Power of Attorney only counts if it was set up while they still had capacity.

Financial Power of Attorney (money & property)Welfare Power of Attorney (health & care)Combined Power of Attorney (both)An Advance Directive / living will (health wishes)None of these

3Where is the person living now?

4Has a doctor confirmed they lack capacity?YesA doctor has confirmed it (in writing or verbally).No, not yetNo formal medical view so far.Assessment pendingA capacity assessment is booked or under way.

5What decisions urgently need to be made?

(tick all that apply)

Managing money & finances day-to-dayAccessing their bank account(s)Property mattersSelling their houseHealth & medical decisionsCare arrangements (e.g. moving into a care home)

6How does the family see it?We're all in agreementThe family agrees on what's needed and who should act.There's some disagreementFamily members don't yet agree — this can affect the process.Someone's already acting informallyA relative is managing things without legal authority.

Name of the person this is for (optional)

Knowledge Centre

Plain Language answers to the questions families ask most.

What is the Adults with Incapacity (Scotland) Act 2000?

It's the law that protects and supports adults (16+) who can't make some or all of their own decisions — because of dementia, a learning disability, a brain injury, mental illness or another condition. It sets out safe, legal ways for others to make decisions with and for them, always guided by five principles (see below). More from the Mental Welfare Commission →

The five principles (they govern every decision)

Any action taken for an adult must: benefit them; be the least restrictive option that works; take account of the adult's past and present wishes; consider the views of close family and carers; and encourage the adult to use and keep the skills they still have. These are why lighter options are always preferred over full guardianship.

Welfare Guardianship

Gives someone legal authority to make ongoing health, care and welfare decisions — like where the person lives, their care package, or day-to-day welfare. It needs two medical reports and a Mental Health Officer report, and is granted by the sheriff (usually for 3 years). Welfare guardians are supervised by the local authority, with the Mental Welfare Commission providing oversight.

Financial Guardianship

Gives authority over money and property — banking, bills, benefits, investments, or property. It needs two medical reports plus a report on the guardian's suitability, and is granted by the sheriff. Financial guardians are supervised by the Office of the Public Guardian, keep accounts, and may need a bond (caution). Office of the Public Guardian →

Intervention Orders (for one-off decisions)

If there's a single decision to make — classically selling the person's house — an Intervention Order authorises just that one act, rather than ongoing guardianship. It's the least-restrictive court route and is often quicker than full guardianship.

Access to Funds (the simplest money route)

Run by the Office of the Public Guardian — not the courts. It lets you use a named bank account to pay for the person's day-to-day living costs, without a solicitor or a court hearing. Ideal when the only need is paying the bills. OPG — Access to Funds →

Power of Attorney — why timing matters

A Power of Attorney is the easiest, cheapest protection — but it can only be set up while the person still understands the decision. Once capacity is lost, it's too late, and guardianship becomes the only route. If the person can still decide, set up a Power of Attorney now. Open the PoA Helper →

The court process, step by step

A solicitor lodges a summary application at the sheriff court for where the person lives. The person and their close relatives are notified and can be heard or object. Reports (medical, and MHO or suitability) go to the court. An unopposed application is faster; a contested one goes to a hearing. The sheriff decides. How it's set up →

How long does it take?

Commonly 3–6 months, sometimes longer. The usual bottleneck is the local authority allocating a Mental Health Officer to write the welfare report. A guardianship is normally granted for 3 years, then renewed if still needed.

What does it cost — and legal aid

The MHO report is free. Two medical reports typically cost £150–£350 each. Solicitor fees are indicatively £2,000–£5,000+VAT. The sheriff court fee is around £171 (rose on 1 April 2026 — check the current figure) and OPG registration is £110. For welfare (or combined) guardianship there is no means test for legal aid — though the solicitor still applies to the Scottish Legal Aid Board. Finance-only cases are means-tested on the adult's own resources. SLAB — legal aid →

Can social work apply instead of the family?

Yes. The Chief Social Work Officer must apply for welfare guardianship where the adult needs it and no one else will, and can apply for financial guardianship to protect the adult's estate. If no family member can or will act, ask your local social work department.

The person’s rights, and objections

The adult has the right to be told about the application, to be heard, and to oppose it — and close relatives can object too. Guardianship should only remove as much decision-making as truly necessary. If the family disagrees, the application can be opposed, which means a hearing and a longer timeline.