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ARTICLE · 22 MARCH 2023

When Is The Nearest Relative Not The ‘Nearest Relative'?

Shepherd and Wedderburn
Shepherd and Wedderburn
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In the recent case of Renfrewshire Council, Applicant 2022 S.L.T. (Sh Ct) 250, the court ordered that none of the three feuding sisters should exercise the functions of 'nearest relative' during the period...

United KingdomLitigation, Mediation & Arbitration
Thomas McFarlane
Thomas McFarlane
Emma Read
Emma Read
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In the recent case of Renfrewshire Council, Applicant 2022 S.L.T. (Sh Ct) 250, the court ordered that none of the three feuding sisters should exercise the functions of 'nearest relative' during the period of their mother, HS's, Guardianship Order. This article examines the issues of this particular case and highlights the importance of having a Power of Attorney in place.

Adults with incapacity

Loss of capacity in adults can take various forms. It may arise through: old age; dementia; mental health conditions; a sudden accident or injury; or it may be that the individual has had a severe learning disability from birth. If an adult loses the capacity to manage their property, finances, or personal welfare when they do not have a Power of Attorney in place, the only way to acquire legal authority to manage the individual's affairs is to apply for a guardianship or intervention order pursuant to the Adults with Incapacity (Scotland) Act 2000 ("the 2000 Act").

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