We also advise individuals who wish to oppose Guardianship at any stage. We have over 35 years collective experience specialising in this area of law and pride ourselves in applying our high level of expertise to all clients who seek advice to help their loved ones.
Our Services
Guardianship
We undertake all types legal work under the Adults with Incapacity (Scotland) Act 2000. We are experienced in acting for families or carers seeking advice on Guardianship or Intervention Orders.
Expert Reports
We undertake court reports to accompany Guardianship applications to court.
In particular, we provide solicitor’s firms with AWI(8) independent financial suitability reports required for Financial Guardianship or Intervention Orders. Our service is competitive and we provide a prompt turnaround of such reports to our colleagues.
Safeguarder work
We act as Court appointed Safeguarders under the Adults with Incapacity (Scotland) Act 2000.
This role involves our appointment to adults subject to guardianship proceedings in ( currently in both Glasgow and Paisley Sheriff Courts) where we can act to safeguard adult’s interests in proceedings. We were recently involved in a case as Safeguarder which resulted in the adult being safely returned home after an unnecessarily lengthy stay in hospital following a dispute with the local authority. This case went on to be the subject of a recent Mental Welfare Commission report – Investigation into a delayed Discharge – Ms ST dated 12th September 2019.
Adults with Incapacity Work
We provide advice and undertake legal work in all aspects of disability and incapacity law. Whatever the difficulty, we provide specialist and tailored advice and we will navigate the law and provide advice to assist you and your family.
Karen and Deirdre have been involved in a number of publicised landmark cases in mental health and incapacity over the course of their years in practice; you can read about a few of our reported cases by using the case references here:
Elizabeth Byrne v Mental Health Tribunal for Scotland 2007 MHLR 2 Court Ref B2606/05
AL v Mental Health Tribunal for Scotland & Ors (2007) ScotSC 44
Power of Attorney
We undertake all Power of Attorney work. We recognise that often consideration to granting a power of attorney will happen after a diagnosis of an illness and questions about capacity can often arise.
Karen and Deirdre are experienced in working with people with a variety of diagnosis, often complex, and we will provide the right advice to you in seeking a way forward. We use the Office of the Public Guardian online registration process and we carry out all the work needed to draft and register your Power of Attorney as well as ensuring you fully understand the process going forward. Deirdre led the report on the “Mrs D” (link to report) in her capacity as HM Commissioner at the Mental Welfare Commission. This report was instrumental in the Law Society of Scotland reforming its guidance to solicitors who practiced in this area. ( link to the guidance)
Solicitor Advocate Opinions
Karen is a Solicitor Advocate and has rights of audience at the Court of Session as well as the Sheriff Court.
She can assist your firm or solicitor in providing legal opinions under the Adults with Incapacity (Scotland) Act 2000 and the Mental Health (Care and Treatment ) Scotland Act 2003
Training and Education
We are happy to provide education and training under the Mental Health (Care and Treatment) Scotland Act 2003 and the Adults with Incapacity (Scotland) Act 2000 in a range of forums.
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Both our partners have extensive training and education experience and have provided between them training to Mental Health Officers, for Glasgow and Strathclyde Universities and training for the Mental Welfare Commission. Our training packages are bespoke and we can develop training to suit the needs of most organisation’s requirements
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