Guardianship Application

If you become mentally incapable of managing your own welfare and financial affairs due to an accident or illness, if you have not made a Power of Attorney then a relative or friend will require to apply to the Court for a “Guardianship Order” to enable them to do this.

Once granted, such an order would allow them to deal with your financial and/or personal matters so as to look after your best interests.

Making a Guardianship Application to the Court can be a complex process and we can assist you in doing this. This will involve drafting the necessary legal documentation and obtaining the required medical reports in support of this.

Such Applications have to be prepared and presented to the Court within a specified timescale and there are often other factors to take into account such as obtaining a “Bond of Caution” which effectively is insurance to protect the finances of the incapacitated individual if you are seeking a power to deal with their finances.

If you have a friend or relative whom you think is, or may be incapable of dealing with their own affairs, then you may wish to contact us to discuss your concerns.

A Guardianship Application is not always appropriate or necessary, depending upon the circumstances of each individual matter, but a confidential discussion may well put your mind at rest.