Guardianship

What happens after a guardianship order is granted?

You will receive official documents from the Office of the Public Guardian (OPG), and a letter from East Lothian Council confirming which powers have been granted.

Will the person named in the order receive information too? 

Yes, if appropriate, they will be sent an Easy Read version of the letter. This may use pictures, shorter sentences or bold text, depending on their needs. Even if they’re not able to read it, a copy can be kept in their care plan if they have one.

Ongoing support

What happens if I’ve been granted welfare powers?

About three months after your order starts, a Mental Health Officer (MHO) will contact you. This is a quick review to check how things are going and to make sure you know about the support available to you.
They’ll also give you details of how to contact the MHO team if you need help before your next review, which usually happens one year after the order is granted.

Furthermore, to support guardians we also hold occasional open sessions. These are informal opportunities to speak to a Mental Health Officer and meet other guardians. Some sessions may have a theme, but you're welcome to come along even if the topic isn’t directly relevant to your situation.

Will there be regular reviews?

Yes. After one year, an MHO or a specially trained social worker will contact you to carry out a supervision review. This is to make sure the powers are still appropriate and that you're still able to act as guardian. They will also answer any questions you have.

Depending on the situation, it might be agreed to:

• continue with reviews every year
• have reviews every two years
• stop reviews altogether, if nothing is expected to change

If regular reviews are stopped, the MHO team will notify the Mental Welfare Commission and make sure you know how to contact them if you need help in future.

Financial and legal questions

Who can I speak to about the financial side of things?

The Office of the Public Guardian (OPG) can give advice about:

• completing the Inventory and Management Plan
• what receipts you need to keep
• how to record your spending

You can find a link to the OPG and other helpful resources on our guardianship page.

What if I have a question about one of the powers in the order?

You may find a helpful example in the Mental Welfare Commission’s good practice guides, which include real-life scenarios.

Renewal of the order

What should I do when the guardianship order is due to expire?

Contact your solicitor around six months before the order ends. This gives time to organise the reports needed for renewal.

You can use the same solicitor again, if they are still doing guardianship work and offering legal aid. If not, we may be able to help you find another solicitor who can take on the case.

Is the renewal process the same as the first application?

It's very similar, but only one medical report is needed - and this must be from a psychiatrist.

Think about whether anything is likely to change during the next order. For example, will the person move to a care home or their own tenancy? Talk this through with your solicitor when applying for renewal.

Contact us

If you’re unsure about anything, please just ask. We’re here to help.

Call us on 01875 824 309
Email: awiqueries@eastlothian.gov.uk