RL, Re [2007] ScotSC 69 (28 December 2007)

RL, Re [2007] ScotSC 69 (28 December 2007)

The requirement to find caution must be dispensed with where it is impossible for the guardian to obtain it, as the insurers' refusal to provide a bond makes compliance impossible. The court is therefore forced to grant the motion to dispense with caution, leaving the adult's substantial estate uninsured.

Citation
[2007] ScotSC 69
Parties
Adult: RL; Applicant/guardian: RL's wife
Jurisdiction
Scotland
Judgment Date
28 December 2007
Procedural Posture
Application for Guardianship Under Adults With Incapacity (scotland) Act 2000 / Post Hearing, Application for Dispensation of Caution
Outcome
Application to dispense with caution granted.
Legal Topics
Guardianship, Adults With Incapacity, Requirement of Caution, Insurance for Guardians, Protection of Adult's Assets
Mental Capacity Law Family Law Guardianship Adults With Incapacity Requirement of Caution Insurance for Guardians Protection of Adult's Assets

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Parties

RL

Adult

RL's wife

Applicant/guardian

Procedural Posture

Application for Guardianship Under Adults With Incapacity (scotland) Act 2000 / Post Hearing, Application for Dispensation of Caution

Legal Issues

  1. 1 Whether the requirement to find caution (insurance bond) for a guardian under the Adults with Incapacity (Scotland) Act 2000 can be dispensed with when no insurer will provide a bond
  2. 2 Whether the current insurance market subverts the intention of Parliament in empowering lay guardians

Ratio Decidendi

The requirement to find caution must be dispensed with where it is impossible for the guardian to obtain it, as the insurers' refusal to provide a bond makes compliance impossible. The court is therefore forced to grant the motion to dispense with caution, leaving the adult's substantial estate uninsured.

Court Disposition

Application to dispense with caution granted.

Orders

  • Requirement to find caution dispensed with due to inability to obtain insurance bond.