Legal aid and guardianship in Scotland: What parent carers need to know
3 mins read
Wednesday 4 February 2026
This advice applies in Scotland only.
The Scottish Government has proposed changes to legal aid that could make it much harder for families to get guardianships for young adults who can’t make decisions for themselves. The changes could make guardianship harder to access, more expensive, and slower.
Martin Monaghan is Partner, Head of Civil Court Department and Accredited Specialist in Incapacity and Mental Disability Law at Parent Carers Legal Support (PCLS).
Martin has written an article to help parent carers in Scotland understand what the changes could mean for their family.
We’ve summarised Martin’s article below, or you can read the article in full via download [PDF].
What is Guardianship?
Guardianship is a court order that allows parents or family members to make important decisions for a young person aged 16 or over who cannot make those decisions themselves. This can include managing money and benefits, dealing with housing, and accessing Self-directed Support.
At the moment, some solicitors can do most of this work through legal aid. This means families don’t usually have to pay large legal fees. Court costs alone can be £4,000 or more, but these are currently covered.
What are the proposed changes?
Under the proposed changes, many solicitors may stop offering guardianship work under legal aid.
This could mean families are asked to pay legal fees privately by using the young person’s own money, savings, or property for example.
If that’s not possible, the local council may apply instead. Social work -not the family – could make key decisions.
The changes would replace the current detailed payment system for solicitors with fixed fees, which may not cover the real amount of work involved. This could lead to fewer solicitors, long delays, and more pressure on councils and law centres. Without financial guardianship, families may also face barriers to accessing parts of Self-directed Support and other essential services.
After strong feedback from families, charities and the legal sector, the Scottish Government paused these changes for now. However, reform is still likely.
“Clearly reform is on the way in some shape or form. We would therefore urge anyone who has been putting off applying for Guardianship for their Adult child to make a start on the process now.”
Martin Monaghan from Parent Carers Legal Support (PCLS)
What can parent carers in Scotland do now?
Plan ahead: If you have been putting off applying for Guardianship, start the process as soon as possible. Explore Contact’s Scotland transition resources for guidance on planning ahead for your young disabled person.
Join our FREE online workshops in February and March:
On Wednesday 18 February, 10:30-12, Martin from PCLS will be leading our workshop about Guardianship & Powers of Attorney. You can book your free place on our Eventbrite page.
On Tuesday 3 March 10.30- 12, a Guardianship workshop will be led by Greg Douglas, Partner, Caesar & Howie. Please register your free place today to find out more about the proposed changes in Scotland and the potential impact on your family.
Free Wills and Trusts workshop for parent carers
We will also be holding a workshop for parent carers about Wills and Trusts on Tuesday 24 February 6.30pm-8pm and on Thursday 26 February 10.30– 12.
