Guardianships

There are some differences between a Guardianship and a Power of Attorney:

• Court application vs written document
  A Guardianship requires an application to the local Sheriff Court and an informal hearing takes place at the court. A Power of Attorney by contrast only needs a written document to be signed and registered in the required format.
• Accounting
  A Guardianship requires a management plan, inventory and annual accounts to be approved by the Office of the Public Guardian (OPG). An attorney using a Power of Attorney is advised to keep comprehensive records but there is not typically an accounting process required.
• Timespan
  A Guardianship is usually only granted for a specified time, eg three years, and is renewed at the end of that period if necessary. A Power of Attorney is usually granted for an indefinite period.

As well as Guardianships, there are other options available to anyone interested in looking after someone who has lost capacity:

• Access to Funds
  This is an option available to be able to make one-off financial decisions for the adult concerned. The application process does not require a court hearing but there are still some procedures to be approved by the OPG.
• Intervention Order
  Another option to provide a one-off decision or set of decisions for someone. The application process is similar to a Guardianship but the powers given can be more comprehensive than an Access to Funds Order.