raeburn christie clark&wallace solicitors & estate agents

Guardianships & Adults With Incapacity

Has a member of your family been injured or been born with a disability?

Has a member of your family begun to lose confidence as they have become older or become chronically unwell?

Has a member of your family become mentally unstable or lost capacity?

Do you want to protect your family and property against any of these things happening to you?

The law has been designed to fully protect any person with incapacity but as a result, is complex. Our approachable staff can talk you through these complexities in a clear and concise manner, to help you evaluate the options which are open to you.

We have a wealth of experience in dealing with the affairs of adults and children where there is a lack of legal capacity. Our team will act in conjunction with our court department to liaise with care professionals to have a guardian appointed and can then deal with the operation of the guardianship or advise any family member who has been so appointed.

However, in most cases a lack of capacity can be anticipated or insured against by putting a power of attorney in place long before it may be required. Generally this would be in favour of family members who can act together or individually, and the law allows considerable flexibility on this. If there is no-one obvious to act  in relation to financial matters, we are able to shoulder this responsibility for you.

If the incapacity has come about by way of an accident, our court department can be instructed to seek compensation and we can advise whether a trust may be an appropriate vehicle for any damages paid. Our financial services team are experienced in this area and are on hand to give sound investment advice and options available to you.

We can offer ad hoc advice and support to guardians and attorneys, or a full administrative service to run both guardianships and powers of attorney as required.

Useful Links

Family Law

Financial Services

Trusts

 

 

Your main contacts

Erlend Flett

Partner

01224 651423

Email

Douglas Crombie

Partner

01224 332400

Email

Jennifer A. Burnett

Partner

01358 720777

Email

George Rutherford

Associate

01224 332400

Email

Chiara Tancredi

Solicitor

01224 651424

Email

Amy Watson

Associate

01224 332456

Email

Jennifer Burnett

Partner

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