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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12069
Experience:  30 years as a practising solicitor.
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I want to know if I can access my fathers financial position

Customer Question

I want to know if I can access my fathers financial position , as he has been under a welfare and financial guardianship for the past 3 years as appointed by court order by the edinburgh district council , he has dementia , and lives in a council run care home,and as my sister and I could not agree how to run his affairs a guardian was apppointed.he had quite a lot of money in his estate 3 years ago, plus he has an annuity of £ 2,000 plus a month which goes towards his care home expenses, I would like to know how or what has happened to it, do I have a right to access this information ?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
If you are neither the attorney or guardian you have no locus to ask for this information, I'm afraid.
The guardian has to account to the Office of the Public Guardian in Scotland and no one else.
I'm sorry that isn't the answer you want but it is the legal position.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

so can I apply to the office of the public guardian for access to information upon my fathers passing? because we are talking about a lot of surplus income £ 80,000

Expert:  JGM replied 3 years ago.
Upon your father's death the guardianship comes to an end and his estate passes to his executor, either as named in a will if he has one, or if there is no will, you can apply to the court to be appointed as his executor and distribute the estate in accordance with the law.