Mental Health & AWI

For those most acutely affected with mental illness, it is often the case that statutory measures are taken to detain her or him in hospital. We deal with such cases on a daily basis. We are also lucky to have one of the most highly-regarded practitioners in this field, Anne Bolger. Anne has almost 40 years’ experience in mental health. All of our other solicitors have experience in this field too, also being Curators ad Litem who are regularly appointed to cases before the Mental Health Tribunal for Scotland.

It is not only patients who are entitled to completely free representation at Tribunals, but also those appointed as their Named Person. More information on being a Named Person can be found at https://www.gov.scot/publications/mental-health-law-scotland-guide-named-persons

There may come a time where a family member or someone close to you can no longer make decisions on their own. This could be due to illness, a mental disorder or simply old age. If a Power of Attorney has not been granted by the person, it can be difficult for another person to deal with their personal and/or financial affairs on their behalf.

A Guardianship Order is an order granted by the court which allows a person to make decisions on behalf of an adult who has lost capacity and is unable to grant a Power of Attorney. Anyone can apply to become a Guardian. Our solicitors can guide you through the application process.

As anyone can apply to become a Guardian, this includes the local authority. You may wish to oppose a guardianship application if you feel it is not in the best interest of your loved one. Get in touch with us today; the sooner you get in touch with a solicitor to fight your corner, the better.