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Where someone has never had capacity or they have lost capacity to make decisions for themselves (and they haven't previously granted a Power of Attorney) a Guardianship may be needed.

Orders can be granted to authorise somebody to be responsible for property, finances and/or matters relating to the personal welfare of the adult. Applications are decided by the local sheriff court but this is normally a very straightforward procedure.

The Office of the Public Guardian supervises orders dealing with money or property and the local authority social work department supervises those with welfare powers.

Applications that include welfare powers are automatically eligible for Legal Aid and are not means-tested.

Please contact us if you need more information.

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