Question reference: S6W-26053
- Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
- Date lodged: 8 March 2024
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Current status: Answered by Maree Todd on 22 March 2024
Question
To ask the Scottish Government, in the event that a person is unable to meet the financial costs of renewing a guardianship order for a family member, what support is available to safeguard the welfare and financial interests of the family member.
Answer
Eligible individuals may qualify for legal aid to help cover the costs associated with legal representation and court fees involved in renewing a guardianship order. Legal aid is means-tested, and eligibility criteria apply.
Organisations such as Citizens Advice Scotland and the Scottish Legal Aid Board provide financial assistance and support services to individuals and families facing financial difficulties in legal matters, including guardianship renewals.
Local authorities may provide guidance to individuals who are unable to afford the costs of renewing a guardianship order. Social work departments or welfare services within the local authority can offer support and advice on available resources.
Under Section 57(2) of the Adults with Incapacity (AWI) (Scotland) Act 2000, if a guardianship order (or renewal) is deemed necessary by the local authority and no application has been made or is anticipated, the authority must initiate the application process.