Preliminaries of the Guardianship process including applying for legal aid
- Your solicitor processes all Legal Aid forms after initial meeting.
- The person who has lost capacity is called the “adult” in this context.
- ID for all applicants, substitute Guardians and the “adult” must be seen.
- Except when the “adult” is in care or hospital where a letter from either confirms identity.
- Solicitor must get preliminary evidence of incapacity for the Legal Aid application.
- This evidence need not be as detailed as the medical reports needed by the court later.
- So this could be a brief medical report or communication from social worker or relative.
- Once this is available Legal Aid application is lodged – usually granted within 14 days.
- When Legal Aid is granted preparations for court action can be started.
- The Court papers can be drafted in about a week.
- They are sent to Local Authority for appointment of Mental Health Officer – can be a long queue!
- The current delay depends on your area and is usually between 6 and 12 months - for some local authorities it even longer.
- While waiting other evidence can be obtained re suitability of applicant and other matters.
- Once the Mental Health Officer appointed the formal Guardianship process gets under way.