What do we mean by 'Court of Protection/Scottish Financial Guardianship orders?'
If there is no Power of Attorney in place and you need to manage an incapable adult’s wider financial affairs and/or make decisions about their personal welfare an application can be made to the Court of Protection (for Court of Protection orders) or to a Sheriff in Scotland (for Financial Guardianship orders) so you can be appointed as a Deputy or Guardian to manage the incapacitated adult’s relevant affairs.
A Financial Guardianship Order can only be accepted once it’s been granted by the Sheriff and registered with the Office of the Public Guardian in Scotland (the “OPG”). The Court or Sheriff decide the appropriateness of granting an order and if the person nominated is suitable.
Once appointed, Deputies or Guardians are supervised in their role:
- For financial and property matters – by the Office of the Public Guardian
- For personal welfare matters – by the local authority in the area where the incapable adult lives
If you think a Court of Protection Order or a Scottish Financial Guardianship Order is appropriate, you may want to seek independent legal advice or contact the Citizens Advice Bureau.
Once you’ve been appointed as a Deputy or Guardian you can apply to be added to an account by completing our online process.(opens in a new window)
Alternatively, you could also visit a branch with your deputyship/guardianship documents and Photo ID.
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