WEST LOTHIAN COUNCIL FOR APPOINTMENT OF GUARDIAN TO J.G. [2015] ScotSC 26 (24 March 2015)

WEST LOTHIAN COUNCIL FOR APPOINTMENT OF GUARDIAN TO J.G. [2015] ScotSC 26 (24 March 2015)

BG is not suitable for appointment as welfare guardian due to demonstrated inability to cooperate with professionals, use of physical chastisement, disregard for medical advice, and likelihood of conflict of interest and undue concentration of power. Appointment of the Chief Social Work Officer is necessary, beneficial, and least restrictive for JG's welfare.

Citation
[2015] ScotSC 26
Parties
Applicant: West Lothian Council; Adult: JG; Party Minuter: BG; Safeguarder: Mr Lumsden
Jurisdiction
Scotland
Judgment Date
24 March 2015
Procedural Posture
Summary Application for Appointment of Guardian / Final Judgment After Proof
Outcome
Chief Social Work Officer of West Lothian Council appointed as welfare guardian to JG for five years.
Legal Topics
Guardianship, Welfare of Incapacitated Adults, Suitability of Guardian, Least Restrictive Intervention, Conflict of Interest, Human Rights (article 8)
Mental Health Law Adult Incapacity Family Law Human Rights Guardianship Welfare of Incapacitated Adults Suitability of Guardian Least Restrictive Intervention +2 more

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Parties

West Lothian Council

Applicant

JG

Adult

BG

Party Minuter

Mr Lumsden

Safeguarder

Procedural Posture

Summary Application for Appointment of Guardian / Final Judgment After Proof

Legal Issues

  1. 1 Is JG incapable of making decisions about her personal welfare?
  2. 2 Is appointment of a welfare guardian necessary and beneficial for JG?
  3. 3 Is the intervention the least restrictive option?

Ratio Decidendi

BG is not suitable for appointment as welfare guardian due to demonstrated inability to cooperate with professionals, use of physical chastisement, disregard for medical advice, and likelihood of conflict of interest and undue concentration of power. Appointment of the Chief Social Work Officer is necessary, beneficial, and least restrictive for JG's welfare.

Court Disposition

Chief Social Work Officer of West Lothian Council appointed as welfare guardian to JG for five years.

Orders

  • Guardian empowered to decide residence, consent to medical/dental treatment, determine care level, require access for professionals, access confidential records, make decisions on dress, diet, appearance, social activities, regulate visitors.
  • Public guardian authorised to issue certificate of appointment.