The Public Guardian may decide to hold a hearing if an objection is received. We can hold a hearing over the phone, by letter or it may be more appropriate for a meeting to take place face-to-face. Normally such a meeting will take place in our offices in Falkirk. However, in exceptional circumstances it might be possible to arrange a meeting elsewhere.

What will happen at the hearing?

The purpose of a hearing is to give interested parties the opportunity to provide additional, relevant information and for us to ask any further questions.

A letter will be issued inviting the person making the objection to attend. Please do not worry if you are asked to attend a hearing; remember the main purpose of holding a hearing is to help determine what best serves the interests of the adult concerned. It is important however, that you can give as truthful and complete account as you are able.

We may invite other relevant people, such as a social worker or the adult’s GP mental health officers to attend the hearing.

What do I need to bring to the hearing?

You can submit any evidence, documentary or otherwise, that you think will support your case.

Will I need to have a solicitor present?

No. However you may want to seek legal advice and your solicitor can attend if you think that this is necessary. Please let us know if your solicitor will be attending with you. You should be aware that you will have to meet your own legal expenses.

What happens after the hearing is held?

We will make a decision based on all the information and evidence presented.

After the decision has been reached we may:

  • grant the application; or
  • give the applicant an opportunity to object to any proposed refusal; or
  • remit the application to the Sheriff for a decision.

You will be informed of the outcome in writing. If you disagree with the outcome you can appeal the decision to the Sheriff. The letter we send you will tell you how to go about this.