Applying for a guardianship or intervention order: guide for carers

Appendix 4 Costs associated with applying for an order

1. Legal Fees (see Welfare guardianship powers). If you have been granted civil legal aid, the Scottish Legal Aid Board will meet your solicitor's reasonable costs in applying to the court for an order. If you chose to take the application forward yourself, you will not be entitled to legal aid. Only lawyers can claim legal aid fees. For further information about legal aid, contact the Scottish Legal Aid Board, or your local citizen's advice bureau.

2. Fees payable to the OPG (subject to review)

Registration of a guardianship order £76

Approval of guardian's management plan and inventory

Estate value (excluding heritable property)

Up to £30,000 £49

£30,001 to £50,000 £216

£50,001 to £100,000 £433

£100,001 to £500,000 £719

£500,001 and over £1,082

Audit of Accounts

Estate value (excluding heritable property)

Up to £30,000 £70

£30,001 to £50,000 £178

£50,001 to £250,000 £503

£250,001 to £500,000 £649

£500,001 and over £865

You can check these fees and other associated costs at the OPG website:

www.publicguardian-scotland.gov.uk/whatwedo/fees.asp or by contacting the OPG.

3. Doctors' fees

Doctors are allowed to charge a fee and set the fee level for assessing the adult's capacity and producing a report for the court. It is always advisable to check if there will be a fee and what it is likely to be. Consultants are also allowed to charge and set their own fees.

4. Court fees (subject to review)

For lodging the summary application - £87.00

Additional fees for further steps in procedure may be required. You will need to check with the appropriate sheriff clerks office.

5. Other costs

The sheriff may decide it is in the best interests of the adult to appoint a safeguarder to gather further information before reaching a decision on the application for an order. This is usually a lawyer and there will be a fee to pay. The sheriff has the discretion to attribute this to the adult or to the applicant.

The sheriff may require you to find caution (a kind of insurance bond, which is paid for from the estate of the adult) see Caution.

6. Reimbursement and remuneration of guardian once appointed

The financial guardian may recover from the estate of the adult expenses he or she incurs in doing anything directed or authorised under the order. Remuneration and the amount of outlays to be authorised are fixed by the Public Guardian and may be appealed to the sheriff.

A welfare guardian can only receive remuneration in special circumstances and on request made to the sheriff at the hearing. For example, if you are sacrificing employment opportunities in order to act as someone's guardian, this could be a reason for awarding remuneration.

For financial intervention orders, an intervener may recover from the adult's funds any expenses incurred whilst carrying out duties under the order.