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Adult incapacity – Guardianship order – Entitlement to bring application for guardianship order – Meaning of 'person claiming an interest'. 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, contending that she was a 'person claiming an interest', the court held that 'interest' in relation to the property and financial affairs of an adult must denote some form of patrimonial interest, the interest the pursuer claimed was not a sufficient interest such as to entitle her to bring the application, and she was not, in terms of the 2000 Act, a person claiming an interest: the court therefore refused to warrant the application.
Adult incapacity – Guardianship order – Entitlement to bring application for guardianship order – Meaning of 'person claiming an interest'. 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, contending that she was a 'person claiming an interest', the court held that 'interest' in relation to the property and financial affairs of an adult must denote some form of patrimonial interest, the interest the pursuer claimed was not a sufficient interest such as to entitle her to bring the application, and she was not, in terms of the 2000 Act, a person claiming an interest: the court therefore refused to warrant the application.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
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