26/02/2026
Capacity, deputies, controllers & Scottish guardianship: working together
Across the UK, the legal frameworks differ. In England & Wales, the Court of Protection appoints deputies, who are supervised against refreshed OPG deputy standards.
In Scotland, guardianship (financial and/or welfare) is granted by the sheriff court under the Adults with Incapacity (Scotland) Act and overseen by the Office of the Public Guardian (Scotland).
In Northern Ireland, a person’s property and financial affairs can be managed through a Controllership Order made by the High Court’s Office of Care and Protection (the OCP also registers Enduring Powers of Attorney). Health and welfare decisions are taken within the Mental Capacity Act (NI) 2016 framework, which is being commenced in phases and sets out principles and safeguards for decision‑making.
Part of our case management role is to support those entrusted with these powers as they make best‑interests decisions, to set out clear risk–benefit information, and to coordinate practical services—in line with each jurisdiction’s safeguards.
If you’re a guardian, controller, trustee or deputy balancing complex rehab and finances, we can help coordinate the practicalities.
Learn more: http://www.caseman.co.uk
General information only; not legal advice.