M (AP) v. M (AP) [2014] ScotSC 7 (19 February 2014)

A minuter seeking guardianship in another's application for renewal under section 60 is not required to lodge section 57(3) reports, and an application to be an additional guardian does not require to be made jointly with the existing guardian.

Citation: [2014] ScotSC 7
Parties: Applicant (mother): M (AP); Respondent (father): M (AP)
Jurisdiction: Scotland
Judgment Date: 19 February 2014
Procedural Posture: Guardianship Application Under Adults With Incapacity (scotland) Act 2000 / Debate on Competency and Relevancy of Answers and Minutes
Outcome: Father's applications by minute are competent and do not require section 57(3) reports or joint application for additional guardianship.
Legal Topics: Guardianship, Adults With Incapacity, Procedural Competency, Appointment of Guardians

Mental Health Law Family Law Guardianship Adults With Incapacity Procedural Competency Appointment of Guardians

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Parties

M (AP)

Applicant (mother)

M (AP)

Respondent (father)

Procedural Posture

Guardianship Application Under Adults With Incapacity (scotland) Act 2000 / Debate on Competency and Relevancy of Answers and Minutes

Legal Issues

1 Whether a minuter seeking guardianship in another's renewal application must lodge section 57(3) reports
2 Whether an application to be an additional guardian must be made jointly

Ratio Decidendi

Court Disposition

Father's applications by minute are competent and do not require section 57(3) reports or joint application for additional guardianship.

Orders

Father does not require to lodge section 57(3) reports for his applications by minute.
Father's application to be an additional guardian does not require to be made jointly with the mother.