Solicitors appointed guardians under the Adults with Incapacity (Scotland) Act 2000 should obtain caution rather than rely on the Guarantee Fund as cover for dishonesty, according to a recent judgment.
Ruling on the renewal of a guardianship on 23 April 2009, Sir Stephen Young, Sheriff Principal of Grampian, Highland & Islands, found that it was unsafe for solicitors to rely on the Guarantee Fund as adequate protection in such circumstances.
Sir Stephen said: “Only an order to find caution or give some other security under s 58(6) of the Act will offer the unqualified assurance that I believe is required in this situation.”
The ruling follows discussions by the Society’s Guarantee Fund Committee, which was concerned that some sheriffs were refusing to order caution. The committee found that difficulties could arise if there was doubt whether a solicitor was acting as guardian in the course of his or her practice, or in a personal capacity. The committee concluded that the Guarantee Fund, which is discretionary, might make a grant but a bond of caution would provide more protection for a firm.
The case reference is AW8/08. The judgment is available on the Scottish Courts website.
In this issue
- The Combined Standard Clauses (2009 edition)
- Preserving a legal inheritance: settlement rights in the "Occupied Palestinian Territories"
- The European Court and the duty to investigate deaths
- Chief Executive's SGM address
- Shelter's online resources
- Musical copyright and contract
- The international swap shop
- Headline fortnight
- The Gill Report? What's not to like?
- Solicitor advocates and conflicts of interest
- Settlement in the West Bank
- Package deal
- RoS = economic value
- Defining the future
- Global leader?
- Dog's chance
- Coulsfield rules OK
- Money and your life
- Experts on the case
- At the hub, 10 years on
- Guardians: don't look to the Fund
- From the Brussels office
- Ask Ash
- Making the most of ABS
- Planning for growth
- The perils of posting
- ARTL: friend or foe?
- Where privacy prevails
- How was it for you?
- Agreeing rescues with creditors
- Adopting new solutions
- Divorce for gender change
- Scottish Solicitors' Discipline Tribunal
- Book reviews
- Website review
- A safe pair of hands tops the bill
- Law out of step