Legal Services for Vulnerable Adults & their Families
At TC Young, we have considerable experience in the field of adult incapacity law, offering bespoke support to vulnerable adults and their families across Scotland. Our solicitors provide clear, empathetic advice at what can be a complex and stressful time. Whether it’s establishing guardianship orders or advising on Power of Attorney, our aim is to provide practical support and solutions to address your and your family’s needs.
We provide advice and guidance to vulnerable adults and their families in line with the Adults with Incapacity (Scotland) Act, including the preparation of Power of Attorney deeds, advising attorneys in relation to their duties, applying for guardianship on behalf of families of vulnerable adults and acting as financial guardian for individuals. We also provide advice to other professionals, including carers, financial advisers and other solicitors. Our team is committed to providing advice tailored to each individual’s personal needs.
Our team of specialists
You are in safe hands with our skilled and experienced team of trusted advisors.
- Partner
- Senior Solicitor
- Solicitor
- Trainee Solicitor
FAQs
The answers to some of our most frequently asked questions.
What is the Adults with Incapacity Act?
The Adults with Incapacity (Scotland) Act provides protection for vulnerable adults who lack capacity to take some or all decisions on their own behalf as a result of a mental disorder or inability to communicate. It includes provisions governing powers of attorney, guardianship orders, and intervention orders.
What legal protections are available for vulnerable adults?
The Adults with Incapacity (Scotland) Act makes provision for the creation and ongoing management of powers of attorney for those who are capable and for applying for guardianship and intervention orders for those who are not. These mechanisms are designed to allow an individual’s finances and personal welfare to be safeguarded and promoted for their benefit.
How do I apply for guardianship for an adult who lacks capacity?
An application must be made to the Sheriff Court local to the Adult, supported by two medical reports and one suitability report (provided by a Mental Health Officer where welfare powers are sought or by someone with sufficient knowledge – normally an independent solicitor – where financial powers are sought). Our experienced team guide clients through the complex application process, keeping you informed at all stages and ensuring the order granted meets the needs of the vulnerable adult.
How can I set up a power of attorney?
Provided you are capable of expressing your wishes and understanding the implications of the deed, anyone over the age of 16 can grant a Power of Attorney. Our team can assist with the preparation of the document, ensuring that it meets your needs.
