“Too many people missing out on legal aid for guardianships”

 Is the view of Caesar and Howie family law expert Martin Monaghan, who is frustrated by the lack of publicity, given to this aspect of the Scottish legal aid system.  “Where a family member becomes incapacitated, many families have to have someone appointed as guardian to look after the affairs of the incapacitated person.  It is not widely known that The Scottish Legal Aid system is very generous when it comes to granting legal aid for guardianships.  The vast majority of persons in need of guardianship are entitled to free legal aid and if a welfare appointment is sought at the same time, this is without any financial test or qualification.  This legal aid will pay for all of the costs incurred in applying for guardianship and intervention to deal with the welfare, assets and income of the person who is incapacitated. Whilst I think that is a great system and one we should be proud of in this county, I think not enough people know about this entitlement.  Many thousands of pounds can be saved by using a solicitor geared up for legal aid for a guardianship action.  What’s even better is that there is virtually no delay in legal aid being granted in these cases – so no time is lost”.