Financial guardianship

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Once appointed as a financial guardian we will expect you to fulfil administrative responsibilities. The diagram above outlines some steps that you may need to take, depending on the powers you have been given by the Sheriff and the decisions you need to make on behalf of the adult.

When we issue you with your certificate of appointment we will also send an inventory of estate and a management plan form for you to complete. 

 You should note that until we have seen and approved your management plan your powers are restricted to;

  • investigating the extent of the adult’s estate; and
  • making any payments that are necessary to provide for the adult’s day to day needs.

If there is a need or if there are special circumstances we may give you authority to carry out a specific action before the management plan is approved.

Heritable property

If the adult has heritable property, such as, a house or land, the Sheriff may direct the guardian to apply to the Keeper of the Registers of Scotland to have the court order recorded in the Land or Sasine register. This is a requirement of section 61 (3) of the Adults with Incapacity (Scotland) Act 2000.

Where you have a solicitor acting for you it is likely the solicitor has already complied with the requirement, but as guardian, it is your responsibility to ensure that this is done.

The Keeper will return the endorsed court order to you or your solicitor. On receipt of this documentation please send it to us within 14 days. We will then update our records and return the documentation to you.