IN SUMMARY APPLICATION AW10/09 BY A.D. FOR THE RENEWAL OF HIS GUARDIANSHIP OF J.G. [2015] ScotSC 24 (20 March 2015)

IN SUMMARY APPLICATION AW10/09 BY A.D. FOR THE RENEWAL OF HIS GUARDIANSHIP OF J.G. [2015] ScotSC 24 (20 March 2015)

The Adult continues to lack capacity in relation to decisions about his financial affairs due to ongoing memory impairment, absence of evidence of significant medical improvement, and prior judicial findings of incapacity; therefore, the criteria for renewal of guardianship are met.

Citation
[2015] ScotSC 24
Parties
Applicant: A. D.; Adult: J. G.
Jurisdiction
Scotland
Judgment Date
20 March 2015
Procedural Posture
Summary Application for Renewal of Guardianship / Preliminary Issue of Adult’s Incapacity
Outcome
The Adult is found incapable in relation to decisions about his financial affairs and is likely to continue to be so incapable.
Legal Topics
Guardianship Renewal, Adult Incapacity, Financial Affairs Management
Mental Health Law Capacity Law Guardianship Renewal Adult Incapacity Financial Affairs Management

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Parties

A. D.

Applicant

J. G.

Adult

Procedural Posture

Summary Application for Renewal of Guardianship / Preliminary Issue of Adult’s Incapacity

Legal Issues

  1. 1 Whether the Adult is incapable in relation to decisions about his financial affairs
  2. 2 Whether guardianship should be renewed

Ratio Decidendi

The Adult continues to lack capacity in relation to decisions about his financial affairs due to ongoing memory impairment, absence of evidence of significant medical improvement, and prior judicial findings of incapacity; therefore, the criteria for renewal of guardianship are met.

Court Disposition

The Adult is found incapable in relation to decisions about his financial affairs and is likely to continue to be so incapable.

Orders

  • Sheriff clerk directed to fix a further hearing to determine the terms and period for renewal of guardianship.