- 17 May 2019
Welfare and financial guardianship orders
Guardianship orders provide legal authority for someone to make decisions and act on behalf of a person with impaired capacity, in order to safeguard and promote their interests.
Powers granted may relate to the person's money, property, personal welfare and/or health.
There might be circumstances in which an adult no longer requires a guardian, for example if they recover sufficient capacity. If so, anyone claiming an interest, including the adult, can apply to request that a welfare or financial guardianship order is removed - 'recalled'.
Applying for recall of welfare or financial powers
Anyone with an interest can apply for recall of welfare or financial powers, including an existing guardian or an adult who is the subject of a welfare order.
For the recall of welfare powers, you can apply to either:
- the Mental Welfare Commission - use form AWI 11
- the local authority in which the adult lives - use form AWI 12
If you are applying to recall financial powers you need to make your application to the Office of the Public Guardian instead - you can find the application form on the Office of the Public Guardian website.
If you are applying to recall both welfare and financial powers then you will need to complete:
- form AWI 11 or AWI 12 (recall of welfare powers)
- form to apply to recall financial powers - on the Office of the Public Guardian website.
If welfare or financial powers are being recalled due to the person having regained capacity then a medical opinion is also required - use form AWI 13.
What happens next
Once your application has been submitted, the relevant body will notify all interested parties who will be given a chance to oppose the application. This might include any relatives, primary carer or any friends mentioned in the application.
The Office of the Public Guardian, Mental Welfare Commission and local authorities will also notify each other of any applications they receive.
If there are any objections to your application, the relevant body will make a decision as to whether your powers can be recalled or not. If there are no objections, then your application will be progressed.
If you or anyone else are not satisfied with the outcome of an application then an appeal can be made to the relevant sheriff court.
Telephone: 0300 244 4000