Where the sheriff appoints a safeguarder, responsibility for the safeguarder’s fees does not fall to any specific party.  We cannot be found liable to meet the costs of a safeguarder.  For the cost to be met from the Fund, an interlocutor is needed ordering that the assisted person meets such costs.

If you are acting for the safeguarder who considers that they should enter the process, your client should apply for civil legal aid. In these cases, if your client shows that they are entitled to enter the proceedings we will be satisfied there is probable cause.

Your client should focus on the need for this separate representation in the proceedings by detailing why the existing parties cannot adequately deal with any issues that might arise.

It is not enough to submit only a statement from the safeguarder indicating that they have been appointed so need legal aid. The statutory tests must be addressed and met before a grant can be made.

Evidential requirements

Our evidential requirements are:

  • Copy of the summary application
  • Copy of any interlocutor of appointment
  • Note or statement from the safeguarder detailing why they need legal aid
  • All relevant documents or reports that may have been prepared for the case

When your client is acting in an official capacity, such as a court appointed safeguarder, the financial resources of that person are disregarded.

Information must be provided to us detailing:

  • The value of any property or the amount of any fund out of which that official is entitled to be indemnified
  • The disposable income and capital of any persons who might benefit from the outcome of the proceedings.

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