Dementia & the Law

Guardianship & Powers of Attorney for those with dementia in Scotland

Through personal experience Lorna Brown has a specialist interest in the field of dementia. She is committed to increasing awareness and providing down to earth practical advice for families.

We specialise in advising families looking after a relative with dementia in connection with Powers of Attorney and Guardianship applications, in order to ensure that where a person has a dementia diagnosis then a family member has legal rights to make welfare decisions on their behalf.

A diagnosis of dementia does not automatically prevent a person from instructing a Power of Attorney. This is an excellent way of exercising choice and control and allows the person to decide who they want to make decisions for them in the event that they are unable to at some point in the future. However, where capacity has been lost and there is no Power of Attorney in place, it is often necessary for a family member to make a guardianship application.

Guardianship is an application to the Sheriff Court and takes approximately six months to obtain. Legal Aid is available for guardianship applications.

Please call us for further advice on 01383 431 101 or email

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