What does it all cost?
- "In court” and “out of court” Legal Aid is available.
- "Out of court” is the preparatory work for submitting a legal aid application for Guardianship.
- Sadly this is means tested Legal Aid for adults at school and includes both parents.
- The rules are quite complex but generally only a few families qualify.
- Consequently this preparatory work is not done under Legal Aid for most families.
- That means most applicants have to pay private fees for this “out of court” work.
- Private Fees for this part of the work are generally around £500 to £700 plus VAT.
- Make sure you ask for a quote at the outset.
- "In Court” is the formal work for the actual Guardianship application including the hearing.
- There is no means test for Legal Aid in this work if welfare powers are sought.
- Consequently this work is currently always fully paid by Legal Aid.
- That means a saving of at least £2000 if you use a solicitor registered to do Legal Aid.
- Only about a third of all Scottish solicitors are registered to do Legal Aid.
- Ask at the outset if your solicitor provides this work under Legal Aid.
- If this is all paid for privately usually the cost will be not less than £3000 plus VAT and outlays.
- Difficulties in the court action are rare but will increase costs.