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A Guardianship Order can only be put in place if the account owner lacks the capacity to make decisions for themselves.
Open an account with a Guardianship or Court of Protection order
For account opening
- Each guardian or deputy must complete their own form if applying online.
- Once we’ve confirmed your identity and received all required documents, we’ll process the request within three working days.
- We’ll let you know as soon as the account has been opened.
What is a Guardianship Order?
If there is no Power of Attorney in place and you need to manage someone's wider financial and/or personal welfare affairs, an application can be made to the Sheriff Court for you, or someone else, to be appointed as ‘guardian’. The court decides if the person nominated is suitable, and if successful, the Guardianship Order provides the guardian with a range of powers which can be used to benefit the protected person.
Guardians are usually people with an existing relationship to the protected person such as a family member or close friend, but people acting in a professional capacity such as solicitors or local authorities can also be made guardians. If you think a Guardianship Order is appropriate, you may want to seek independent legal advice or contact the Citizens Advice Scotland.
To learn more about Guardianship Orders or to apply to be a guardian, visit the Office of the Public Guardian (Scotland) page using the button below.
A guardian can
- Have a debit card or Digital Banking for the account/s.
- Close accounts that are no longer needed.
- Open new accounts on behalf of the protected person. if the instructions in the Guardianship Order allow this.
- Manage the protected person's mortgage, including applying for a new mortgage or changing the rates.
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A guardian cannot
- Apply for certain forms of borrowing, for example loans or overdrafts on behalf of the account holder.
- Act outside the terms set out by the court.
- Change ownership of the account or add new parties to the account.
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Information for local authorities
In some cases a public authority can be appointed as a guardian by the sheriff.
Frequently Asked Questions
Organisations offering additional support
Make the most of extra support available to help you care for someone vulnerable. There are several organisations who could help with additional support.