Application in respect of F

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.

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