Alex Grady against Ruth Grady & Wendy Barrett (Sheriff Court Civil) [2024] SCPAI 49 (31 October 2024)

Alex Grady against Ruth Grady & Wendy Barrett (Sheriff Court Civil) [2024] SCPAI 49 (31 October 2024)

Neither applicant nor respondents are suitable for welfare guardianship due to family conflict and risk of unsuitable decisions; chief social work officer is appointed as welfare guardian. Applicant is suitable for financial guardianship based on history of responsible management, joint ownership, and absence of misuse; respondents are unsuitable.

Citation
[2024] SCPAI 49
Parties
Applicant: Alex Grady; First Respondent: Ruth Grady; Second Respondent: Wendy Barrett
Jurisdiction
Scotland
Judgment Date
31 October 2024
Procedural Posture
Summary Application for Guardianship / Final Judgment
Outcome
Applicant's first and third craves sustained (financial guardianship granted); applicant's second and fourth craves repelled; respondents' craves and pleas repelled; chief social work officer appointed welfare guardian; no award of expenses.
Legal Topics
Guardianship, Adults With Incapacity, Appointment of Guardian, Welfare and Financial Guardianship, Suitability of Guardian
Mental Health Law Family Law Elder Law Guardianship Adults With Incapacity Appointment of Guardian Welfare and Financial Guardianship Suitability of Guardian

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Parties

Alex Grady

Applicant

Ruth Grady

First Respondent

Wendy Barrett

Second Respondent

Procedural Posture

Summary Application for Guardianship / Final Judgment

Legal Issues

  1. 1 Who is suitable for appointment as welfare and financial guardian for an adult with incapacity?
  2. 2 Should the chief social work officer or family members be appointed as guardian?
  3. 3 What are the relevant factors under section 59 of the Adults with Incapacity (Scotland) Act 2000?

Ratio Decidendi

Neither applicant nor respondents are suitable for welfare guardianship due to family conflict and risk of unsuitable decisions; chief social work officer is appointed as welfare guardian. Applicant is suitable for financial guardianship based on history of responsible management, joint ownership, and absence of misuse; respondents are unsuitable.

Court Disposition

Applicant's first and third craves sustained (financial guardianship granted); applicant's second and fourth craves repelled; respondents' craves and pleas repelled; chief social work officer appointed welfare guardian; no award of expenses.

Orders

  • Chief Social Work Officer of East Renfrewshire Council appointed welfare guardian for 2 years with specified powers under section 64.
  • Alex Grady appointed financial guardian for 2 years with specified powers under sections 54(1)(d) and 64(1)(a).