How to apply

If you are thinking about applying for an order, we recommend you seek legal advice. Because of the complexity involved with the application process most people use the services of a solicitor to make the application to the court.

The solicitor will provide guidance and seek information from you and others to make sure the granting of an order will be appropriate and that the powers asked for are sufficient. Your solicitor will start to draft the application and arrange for the necessary reports.

Reports

Your application requires to be accompanied by 3 specific reports:

  • 2 x medical certificates of incapacity
  • 1 x suitability report:

The preparation of the reports, interviews or examination of the adult must have taken place no more than 30 days before the application is lodged. In certain circumstances, the Sheriff will have the discretion to accept medical reports which are more than 30 days old.

Your application is lodged with the
sheriff court in the area where the adult lives. All of the interested parties will be sent a copy of the application and reports. When we receive our copy we will read through the information and let the sheriff know if we have any observations to make. If you are applying for financial powers, we will write to you and send our leaflet to introduce who we are and explain more about what you could be expected to do once appointed as financial guardian.