Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Financial guardian definition

What does Financial guardian mean? A financial guardian manages an adult’s money and property when the adult lacks capacity. In Scotland, this means a guardian appointed by the sheriff court with powers over property and financial affairs under the Adults with incapacity (Scotland) Act 2000. The term is used in practice to distinguish such powers from those of a welfare guardian. Supervision is by the Office of the Public Guardian (Scotland). The guardian must lodge an inventory and management plan, give caution if required, keep accounts and act in the adult’s best interests, using the least restrictive option. Typical powers include operating...

Summary applications for guardianship under the Adults with Incapacity (Scotland) Act 2000: drafting, powers, intimation, service, safeguarders, caution, legal aid and Sheriff Court hearings

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Practice notes

This Practice Note explains the court procedure for appointing a welfare and/or Financial guardian to an adult aged 16 or over in Scotland, covering the process from preparing the application to the making of the order. For guidance on considerations before applying to appoint a Welfare guardian or a financial and property guardian, see Practice Notes: Welfare guardianships—Scotland, Financial and property guardianships—Scotland and Adults with Incapacity (Scotland) Act 2000. The Adults with Incapacity (Scotland) Act 2000 (AI(S)A 2000) provides the statutory framework for safeguarding the interests of adults who lack capacity in Scotland.

Drafting of the application

Initial step

All lay guardians seeking financial powers must complete and lodge a Guardian Declaration form together with the application.

Style

There is no prescribed statutory style for a guardianship order application; commonly it proceeds by summary application for a first order and for any renewal, and by minute to vary an existing order where additional powers/guardians are requested. See Sheriffdom of Lothian and Borders Practice Note No 1 of 2024 and note that, in general, the provisions of this Practice Note also...

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David Cobb

AM Advocates

David has practised as an Advocate and Legal Author since 1997, following a lengthy career in Local Government. In the course of developing a mixed Practice, David has established recognition and expertise in the fields of Mental Health, Mental Capacity and Human Rights Law. He has been instructed in cases in the Court of Session, High Court and Sheriff Court, including Judicial Review and Guardianship matters. Recently, he appeared in an Inner House case concerning the capacity of a Patient to instruct a DNACPR Notice. He has also initiated Litigation under the Equality Act 2010 concerning the lengthy mistreatment of a University Student throughout his Studies.David has had several written works published, including the commentary on the Mental Health (Care and Treatment) (Scotland) Act 2003, the Scottish Human Rights Service, and most recently, “A Practical Guide to the Sheriff Court and Protecting Vulnerable Adults in...

Web page updated on 22/05/2026

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