Changes of circumstance

During the lifetime of the guardianship order it is likely that changes to your own or the adult's circumstances will arise, some of which we need to be told about:

Change of address

If you or the adult change address you need to tell us about it. This needs to be done in writing within 7 days of the change happening. When we receive the notification we will update our records.

What happens if the adult dies?

You should tell us about this in writing as soon as possible. You should provide us with the original extract death certificate.

On receipt of the death certificate, we will:

  • update the public register
  • notify the Registers of Scotland, if the adult owned heritable property at the time of their death.
  • If you have financial powers we will notify you about what you should do next to bring the guardianship order to an end.

Ending a financial order

Where financial powers have been granted and the order is to be brought to an end we will usually require the following:

  • Submission of a final account
  • Submission of a discharge application

However, if the adult died before the inventory of estate and management plan were submitted to us, you will be asked to provide a breakdown of your actions in relation to the adult's estate. This may be accepted instead of a final account. Please contact us for advice.

What happens if the guardian dies?

The deceased guardian's representative should notify us as soon as possible. We will then update the public register and notify:

  • the adult, unless otherwise directed
  • the local authority, where the guardian had welfare powers
  • the Mental Welfare Commission, where the guardian had welfare powers.

If there is a remaining joint or substitute guardian we will issue a new certificate of appointment once satisfied that they are willing to act and that caution, where applicable, is in place.

If a final account is needed we will tell the relevant person e.g. remaining or substitute guardian or the representative of the deceased guardian.

If no replacement guardians are available, we will write to the local authority to advise of this as they may need to identify an suitable person to be appointed as guardian.