About the Guardianship Court

The Guardianship Court was established at Edinburgh Sheriff Court to hear applications lodged under the Adults with Incapacity (Scotland) Act 2000.

An application submitted to the sheriff under the 2000 Act takes the form of a summary application. Legal aid may be available at Scottish Legal Aid Board. 

The Sheriff Principal has issued a Practice Note which applies to all applications for guardianship orders and intervention orders and all minutes for renewal and/or variation of guardianship orders and for appointment of additional guardians and to all appeals to the sheriff lodged under the 2000 Act at Edinburgh Sheriff Court: 

Guardianship orders Practice Note

Get support from the AWI User Group 

If court users have any matters which they wish to draw to the attention of the Court relating to AWI procedures they should contact the Secretary to the Group - Magdalena Markow - by email: edinburghawi@scotcourts.gov.uk

Legislation

• Adults with Incapacity (Scotland) Act 2000
• Mental Health (Care and Treatment) (Scotland) Act 2003 

Regulations

• The Adults with Incapacity (Reports in Relation to Guardianship and Intervention Orders) (Scotland) Regulations 2002

Rules

• Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc Rules 1999, Part XVI, Rules 3.16.1 to 3.16.13 and Forms 20, 21, 22, 23 and 24 in Schedule 1

Forms

• Summary Applications, Statutory Applications and Appeals etc. Forms
• AWI pre-registration checklist for agents
  
  
• Final order pro-forma

Practice Note

• Sheriff Court - Practice Note - LB - Number 1 of 2024 Applications under the Adults with Incapacity (Scotland) Act 2000

Useful Links

• Office of the Public Guardian
• Mental Welfare Commission
• Scottish Legal Aid Board
• City of Edinburgh Council
• East Lothian Council
• Midlothian Council