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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11273
Experience:  30 years as a practising solicitor.
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My sister who is 52 has downs and currently lives with my

Customer Question

Hello
My sister who is 52 has downs and currently lives with my mother, however my mother is very ill and in my mothers will it states I will be legal guardian for my sister, is this sufficient or do i need to have a particular legal document drawn up. I am concerned, because the doctor that visited my mother the other evening, stated I would need to ensure there is legal guardianship for my sister, otherwise she may be taken in to care by social services, which i was very upset about, as we are very close and it has always been agreed she would come and live with myself upon the death of my mother.
Submitted: 10 months ago.
Category: Scots Law
Expert:  JGM replied 10 months ago.

It is very doubtful that your sister would be taken into care when you are there to care for her so I think you can ignore the doctor who is just scaremongering. However, you should be seeing a solicitor to apply for legal guardianship so that you have the authority of the court to be your sister's guardian. Your solicitor will apply for legal aid which is automatically granted and then, following getting reports from the GP, a consultant psychiatrist and a mental health officer, the solicitor will apply to the court for you to be appointed guardian under the legislation. Assuming there are no other family members who would object, the sheriff will grant the order. Can I suggest that you go to see a local solicitor specialising in guardianship applications as soon as you can. The whole procedure takes a number of months so the sooner you get it started the better. I hope that helps. Please leave a positive rating so that I am credited for my time.