J.M. IN RESPECT OF J.M. SENIOR [2009] ScotSC 116 (29 May 2009)

J.M. IN RESPECT OF J.M. SENIOR [2009] ScotSC 116 (29 May 2009)

The court found that the Applicant was suitable and willing to act as sole guardian, had the support of the majority of the family, and had been the Adult's primary carer. Joint guardianship was not competent under the Act and, in any event, was unworkable due to acrimony. Appointment of the Chief Social Work Officer was unnecessary given the Applicant's suitability. The order was necessary, beneficial, and the least restrictive option.

Citation
[2009] ScotSC 116
Parties
Applicant: JM; Adult: JM Senior; Third Party Minuter: LM
Jurisdiction
Scotland
Judgment Date
29 May 2009
Procedural Posture
Summary Application Under the Adults With Incapacity (scotland) Act 2000 / Final Judgment After Proof
Outcome
Application granted. Applicant appointed as sole guardian to JM Senior for an indefinite period.
Legal Topics
Guardianship, Adults With Incapacity, Personal Welfare, Property and Financial Affairs
Mental Health Law Family Law Guardianship Adults With Incapacity Personal Welfare Property and Financial Affairs

Case Brief

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Parties

JM

Applicant

JM Senior

Adult

LM

Third Party Minuter

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be appointed as sole guardian to JM Senior under the Adults with Incapacity (Scotland) Act 2000
  2. 2 Whether joint guardianship with the Minuter is competent and appropriate
  3. 3 Whether the Chief Social Work Officer should be appointed if joint guardianship is not appropriate

Ratio Decidendi

The court found that the Applicant was suitable and willing to act as sole guardian, had the support of the majority of the family, and had been the Adult's primary carer. Joint guardianship was not competent under the Act and, in any event, was unworkable due to acrimony. Appointment of the Chief Social Work Officer was unnecessary given the Applicant's suitability. The order was necessary, beneficial, and the least restrictive option.

Court Disposition

Application granted. Applicant appointed as sole guardian to JM Senior for an indefinite period.

Orders

  • JM appointed as guardian to JM Senior with powers relating to personal welfare, property, and financial affairs as specified.
  • No award of expenses due to or by either party.