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.