J.M. & MRS. J.M. [2013] ScotSC 5 (25 January 2013)

The court approved the applications for guardianship and authorised the granting of a standard security over the adults' property in favour of the second applicant, finding all statutory tests satisfied and the intervention appropriate, supported by clear evidence and family consensus.

Citation: [2013] ScotSC 5
Parties: Adult: JM; Adult: Mrs JM; Applicant: Son (second applicant); Applicant: Daughter (first applicant)
Jurisdiction: Scotland
Judgment Date: 25 January 2013
Procedural Posture: Application Under Adults With Incapacity (scotland) Act 2000 / Judgment on Guardianship and Financial Intervention
Outcome: applications approved
Legal Topics: Guardianship, Financial Affairs of Incapacitated Adults, Standard Security, Succession

Family Law Mental Capacity Law Property Law Guardianship Financial Affairs of Incapacitated Adults Standard Security Succession

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Parties

Adult

Mrs JM

Adult

Son (second applicant)

Applicant

Daughter (first applicant)

Applicant

Procedural Posture

Application Under Adults With Incapacity (scotland) Act 2000 / Judgment on Guardianship and Financial Intervention

Legal Issues

1 Whether the applicants should be appointed as guardians for welfare and financial affairs of the adults
2 Whether the court should authorise granting a standard security over the adults' property in favour of the second applicant

Ratio Decidendi

Court Disposition

applications approved

Orders

Applicants appointed as guardians for welfare and property/financial affairs of both adults.
Authorisation granted to grant a standard security over the house in favour of the second applicant.