If an adult does not have capacity to appoint an Attorney, an application can be made to the local sheriff court to have a Guardian appointed. This Guardian can represent an incapable adult in respect of their property, finances and or welfare, alone, or combined.
If you are the parent of a mentally disabled young person you should be aware that, when the child attains the age of 16 years old, they become an adult, irrespective of their incapacity. It is important, if you wish to continue to make life’s important decisions for your young person, that you seek appointment as their Guardian.
A Guardian can also be appointed when an adult has a life-changing medical condition or an accident. Should the adult regain their capacity, the appointment of a Guardian can be withdrawn.
There may be some costs involved in seeking the appointment of a Guardian. For a Welfare Guardian, Civil Legal Aid is available to cover the costs of the application to court and the work conducted in court.
At MHD Law we have experienced practitioners who can offer legal advice and representation in respect of Power of Attorney, Guardianship, Trusts and Wills, all of which can benefit an incapable adult.