The court process – who does what?
- When a Mental Health Officer is appointed and ready, 2 medical reports on the adult are instructed.
- Both reports are usually by a psychiatrist.
- Takes about 6 – 8 weeks for reports to arrive.
- Once the reports and other evidence are lodged in court a “hearing” is diarised.
- It will probably be between 6 – 12 weeks away.
- The solicitor attends the “hearing” but usually no-one else unless case is being opposed.
- Usually the Sheriff grants powers requested at that hearing.
- Occasionally the Sheriff may seek a further hearing if he or she needs further information.
- Once the Sheriff grants powers the welfare powers can be used immediately.
- Usually financial powers can’t be used until an insurance policy is obtained.
- The insurance policy protects the adult against loss if the Guardian acts improperly.
- The insurance policy is called a “bond of caution” and takes about a month to get.
- A certificate of appointment is issued to the Guardian from the Office of the Public Guardian.
- Generally it will take a few weeks after granting for the Guardian to be able to use all powers.
- Some powers e.g. selling a house will need further permission from the Office of the Public Guardian.