ABG against CDG (Sheriff Court Civil) [2025] SCPER 83 (13 August 2025)

ABG against CDG (Sheriff Court Civil) [2025] SCPER 83 (13 August 2025)

The applicant is found to be a suitable person to be both welfare and financial guardian for the adult, supported by professional reports and the adult's own views. The minuter's opposition is based on grievances regarding property disposition, not on the applicant's suitability. The court finds no evidence undermining the applicant's suitability and grants the application as craved.

Citation
[2025] SCPER 83
Parties
Applicant: ABG; Minuter: CDG
Jurisdiction
Scotland
Judgment Date
13 August 2025
Procedural Posture
Summary Application Under the Adults With Incapacity (scotland) Act 2000 / Judgment After Proof
Outcome
Application granted. Applicant appointed as welfare and financial guardian. Substitute guardian appointed. Minuter's opposition repelled.
Legal Topics
Guardianship, Adults With Incapacity, Welfare and Financial Guardianship, Appointment of Substitute Guardian
Mental Capacity Law Family Law Guardianship Adults With Incapacity Welfare and Financial Guardianship Appointment of Substitute Guardian

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Parties

ABG

Applicant

CDG

Minuter

Procedural Posture

Summary Application Under the Adults With Incapacity (scotland) Act 2000 / Judgment After Proof

Legal Issues

  1. 1 Whether the applicant is a suitable person to be appointed as welfare and financial guardian for the adult under the Adults with Incapacity (Scotland) Act 2000
  2. 2 Whether the applicant should be preferred over the minuter as financial guardian given the dispute over the disposition of property

Ratio Decidendi

The applicant is found to be a suitable person to be both welfare and financial guardian for the adult, supported by professional reports and the adult's own views. The minuter's opposition is based on grievances regarding property disposition, not on the applicant's suitability. The court finds no evidence undermining the applicant's suitability and grants the application as craved.

Court Disposition

Application granted. Applicant appointed as welfare and financial guardian. Substitute guardian appointed. Minuter's opposition repelled.

Orders

  • Guardianship order made under section 58(4) of the Adults with Incapacity (Scotland) Act 2000 appointing ABG as guardian to AAG for welfare and financial matters for 10 years.
  • EFG appointed as substitute welfare and financial guardian under section 63 of the Act.