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...

Scottish guardianship and intervention orders—pre‑application guide under the Adults with Incapacity (Scotland) Act 2000: capacity, suitable appointees, powers/prohibitions, mandatory reports, interim and substitute appointments, and legal aid

Published by a LexisNexis Private Client expert

Practice notes

This Practice Note sets out the matters to weigh up before seeking the appointment of a welfare and/or Financial guardian for anyone aged 16 or over in Scotland, under the Adults with Incapacity (Scotland) Act 2000 (AI(S)A 2000). For guidance on the court route for such applications, see Practice Note: Guardianship applications in Scotland—court process. For the statutory framework relevant to an application, see Practice Note: Adults with Incapacity (Scotland) Act 2000.

When should a guardianship application be considered?

Consider a guardianship application where an adult has lost mental capacity, cannot handle their own welfare and financial matters, and there is no Power of attorney in force. An adult is regarded as ‘incapable’ if they are unable to:

acting
making decisions
communicating decisions
understanding the decisions
retaining the memory of decisions

Such incapacity need not arise from a mental disorder (section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003); it may equally stem from an inability to communicate caused by a physical disability that cannot be overcome by human or mechanical means (whether of an interpretative nature or otherwise). This applies even where decision-making support or interpretative aids cannot remedy the communication difficulties identified in such cases...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

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 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...