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Power of Attorney and Guardianship

 

The main difference between power of attorney and guardianship in Scotland is that a power of attorney can only be granted from an individual who can understand and explain their wishes whereas a guardianship applies when a person does not have capacity to make decisions on their own behalf. The granting of a power of attorney is a fairly quick and uncomplicated process. Guardianship, on the other hand, is a court process to provide someone ('the guardian') with authority to make decisions on behalf of an adult ('the Adult') who lacks capacity. 

The articles below provide information on both Power of Attorney and Guardianship

Power of Attorney

Information on Power of Attorney and how to go about setting it up.

Guardianship

If there is not already something in place, such as a power of attorney, then you might need to apply for a Guardianship order to give you the legal authority to do certain things for the adult.

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