When someone loses the ability to make decisions and has no power of attorney, their family doesn't gain the right to step in. A husband, wife, son or daughter usually has no automatic authority over a bank account or a care decision. The route left is a court order.
What a guardianship order is
It is an order made by the sheriff court under the Adults with Incapacity (Scotland) Act 2000. It names a guardian and says what they can do. It can cover finances, welfare, or both.
A doctor decides whether the adult is incapable. Capacity can fail gradually or suddenly, after an illness or an accident.
How a family applies
The application is called a summary application. It goes to the sheriff court with two medical reports from two registered doctors, and other supporting documents. Because the process is complicated, most people use a solicitor.
Anyone can apply. That includes a partner, a relative, a friend, or a professional such as a solicitor or accountant. For welfare matters, the local authority social work department can advise.
What a guardian does
A financial guardian is supervised by the Office of the Public Guardian. They must send in an inventory of everything the adult owns, a management plan and, each year, their accounts. A welfare guardian is supervised by the local authority social work department.
The order usually lasts three years at first. The sheriff can choose a different length, and it ends when the adult dies.
What it costs
There are several bills. The court charges a fee for the application, the doctors may charge for the reports, and a solicitor will charge unless legal aid applies. Ask about legal aid early, because not every solicitor does that work. The Public Guardian charges a further £110 to register an order from April 2026.
The annual accounts add continuing work for the guardian. Compare that with the one-off cost in our guide to the cost of a power of attorney.
How it differs from a power of attorney
A power of attorney is something you choose while you still can. You pick the attorney and decide what they can do. Once it is registered it is quick to use, and it costs far less.
A guardianship order is something a court decides after the damage is done. The court chooses the guardian from the people who apply, and sets the powers. It takes longer and is supervised throughout.
The Public Guardian also runs an Access to Funds scheme, for dealing with an adult's money without a guardianship order. It publishes a separate leaflet. Ask the Public Guardian whether the scheme fits your situation.
What to do now
If you are well, make both a continuing and a welfare power of attorney. They are explained in our guide to continuing and welfare powers. If you already have an English document, read how English powers of attorney work in Scotland. And if a relative already needs care and has no power of attorney, get legal advice at once about whether a guardianship order is the right route. Our guide to free personal care explains the care assessment that usually follows.
Richard arranges powers of attorney through our specialist legal partners. See our Power of Attorney page.