Free Legal Aid
It is very important to realise that Free Legal Aid – that is legal aid which is non- means tested - is available to cover the court proceedings in most guardianship actions. That means it does not matter how rich the incapacitated person (“the adult”) is, as his or her money or property need not be used to pay for the court action. This can save families thousands of pounds – even if they consider themselves “well off” financially.
Legal aid is also available for the preparatory work before going to court, but this legal aid is means tested. Again large sums of money can be saved if “the adult” qualifies for legal aid. Whilst most cases go ahead free throughout the whole process, for some cases payment towards the preparatory work has to be made. We will work out the cheapest option for you.
Many Scottish solicitors will not do work under the legal aid scheme since the fees payable are significantly less than “private” fees. The good news for visitors to this website is that our solicitors are absolutely committed to getting legal aid for clients on every occasion we possibly can. We are very familiar with all of the legal aid rules and regulations (and there are many!) and are confident that if anyone can get a client legal aid we can.
We welcome telephone enquiries when we can explain the detailed procedures to you.