Hi I am applying for guardianship for my elderly father. I Was discharged from my TD about 8 years ago. Solicitor is asking me if i have ever been in a TD does this mean if i declare it it wont go ahead.
Hi Cody,
I don't know the answer for sure, but it seems highly unlikely that a completed trust deed from some years ago would be a barrier here.
I do seem to remember that a current trust deed could be an issue with regard to a financial guardianship. But it's really hard to see why an old one would be.
It might be worth asking the solicitor this question directly. It may be that if they're aware of a previous trust deed that they'd need some type of confirmation of your discharge.
Afternoon
The provisions for guardianship orders are contained within the Adults with Incapacity (Scotland) Act 2000.
The proposed guardian has to provide confirmation to the court that they have never been formally barred from working with children or vulnerable adults or convicted of a criminal offence in Scotland or elsewhere. If seeking to be appointed as financial guardians they must also provide confirmation that are not or have ever been sequestrated or been made subject to a bankruptcy restriction order, (2) have ever signed a trust deed for creditors, (3) are or have ever been subject to or applied for a debt payment programme, (4) are or have ever been subject to an order pursuant to the Company Directors Disqualifications Act 1986, (5) are or have ever been subject to an inhibition or arrestment, or have been made subject to any similar order or taken such similar steps in Scotland or elsewhere.
If any of these conditions do apply to a prospective guardian, they should discuss this immediately with the solicitor they have instructed who will be able to advise whether it is appropriate to pursue a guardianship order.
Hope this helps.