Application in respect of FF

Adult incapacity – Guardianship order – Entitlement to bring application for guardianship order. Sheriff Court: In an application under the Adults with Incapacity (Scotland) Act 2000 in which the pursuer, a solicitor, sought the appointment of a financial guardian to an 87-year-old adult and the sheriff concluded that the pursuer had no real interest in the adult's financial affairs and refused to warrant the application, the court held that the challenge or review the pursuer sought of the sheriff's decision, being in essence an appeal, was not competent; and there being no circumstances which required intervention to protect the needs and interests of the adult standing the duties imposed on the local authority by the 2000 Act the court declined to make an administrative direction to the sheriff clerk for warrant to be signed to commence proceedings as contended for by the pursuer.

Category: