Guardianship

[Juniorbhoy]

Hi we live in Scotland, can anyone please advise . I need to gain Guardianship for my husband who was attacked, suffering a severe brain injury and now cannot communicate. Power of Attorney has been ruled out!

As I have poor health myself and claim PIP, my husband now has to claim benefits, as a return to employment is impossible.

Will I need to pay for applying for Guardianship even though I can claim Legal Aid. I have been told there is an application charge to the courts of £500 plus VAT which is £600 in total that needs to be paid.

Any advice would be grateful . I understand Scottish law is different from English law.

Thank you.

[LooneyLuna]

Hi. Your lawyer will apply for Legal Aid for you. They will cover all costs. I applied for guardianship for my bother and was told that I would have to pay a fee of £150 initially, however, I was never asked for it. Legal Aid covered everything. It is a long process hun so I'd advise you to start the process ASAP as it will take months. Reports from medical professionals need to be requested and they need to try to assess what your husband's wishes are through different forms of communication. He needs to be deemed as mentally incapacitated so his consultant will need to confirm that in writing to your lawyer before the application process can start. A mental health officer will then be appointed to ask you questions to see if you are aware of what guardianship all involves. So know the 'principles of guardianship.' Other adults who have an interest in your husband ie family members, will also be interviewed to ask their opinion on your suitability. The MHO will then complete a report recommending to the Sheriff, your suitability or not. The Sheriff will then set a hearing date for a decision to be made. I hope this helps. x

[Dillm3]

Hi may I suggest that the Citizens Advice Bureaux or similar can also offer help and advice