APPLICATION IN RESPECT OF J.G. [2009] ScotSC 77 (03 March 2009)

APPLICATION IN RESPECT OF J.G. [2009] ScotSC 77 (03 March 2009)

Where an adult with incapacity requires ongoing financial management, it is appropriate to grant a guardianship order with specific powers, including the power to execute a new will on the adult's behalf to reflect his known intentions, provided the application satisfies the general principles of the Act.

Citation
[2009] ScotSC 77
Parties
Adult With Incapacity: J.G.; Applicant/financial Guardian: Applicant Solicitor (Glasgow)
Jurisdiction
Scotland
Judgment Date
03 March 2009
Procedural Posture
Application for Financial Guardianship / Judgment on Application
Outcome
application granted
Legal Topics
Guardianship, Intervention Orders, Wills and Codicils, Powers of Financial Guardian, Gifts by Guardian
Mental Capacity Law Succession Law Property Law Guardianship Intervention Orders Wills and Codicils Powers of Financial Guardian Gifts by Guardian

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Parties

J.G.

Adult With Incapacity

Applicant Solicitor (Glasgow)

Applicant/financial Guardian

Procedural Posture

Application for Financial Guardianship / Judgment on Application

Legal Issues

  1. 1 Whether a financial guardian may be authorised to execute a new will on behalf of an adult with incapacity
  2. 2 Whether powers to make gifts and sell property may be granted to a financial guardian
  3. 3 Appropriate use of guardianship order versus intervention order

Ratio Decidendi

Where an adult with incapacity requires ongoing financial management, it is appropriate to grant a guardianship order with specific powers, including the power to execute a new will on the adult's behalf to reflect his known intentions, provided the application satisfies the general principles of the Act.

Court Disposition

application granted

Orders

  • Applicant appointed as financial guardian with plenary financial powers under section 64(1)(d) and specific powers under section 64(1)(a) of the Adults with Incapacity (Scotland) Act 2000, including power to sell the adult's house, make gifts, and execute a new will correcting errors in the previous will.