To arrange an appointment call Audrey McGhee on 01786 450985 or email
We often act on behalf of clients who are interested in assisting relatives or friends at challenging times in their lives. Incapacity and Mental Health law is complex and at Hill and Robb we take pride in having assisted many clients make provision for their loved ones who have lacked capacity to do so themselves.
If someone has lost capacity, maybe due to having Dementia, or has never had the capacity to act for themselves then the law in Scotland looks upon it favourably if someone who is suitable to act as that person’s Guardian steps in to assist them. The major piece of law dealing with incapacity is the Adults with Incapacity (Scotland) Act 2000. It sets out how you can look after the affairs of a loved one who lacks capacity to do so. Previous clients have found that having Guardianship for a loved one is great for peace of mind, as they can be closely involved in making decisions and have the confidence that these decisions will be in their best interests of their family member or friend.
At Hill and Robb we can assist you and guide you competently through the legal process. We can provide you with expert advice on what powers you may require to ask the Sheriff for, whether this involves welfare, financial or property guardianship. We have developed good working relationships with Social Work and Health professionals across the Forth Valley area, making the process of acquiring a Guardianship Order or Intervention Order much easier and less stressful.
Social Work has a duty to be involved in the care and treatment of vulnerable adults if they have concerns that the adult is at risk. This can be a difficult and confusing time for the vulnerable adult and his or her family. We will be able to assist you with expert advice if you find that Social Work is involved in considering action that affects a vulnerable adult.
Hill & Robb’s Guardianship lawyers provide Scottish Guardianship and Incapacity law advice and guidance for clients in Stirling, Alloa, Falkirk and throughout the central belt of Scotland.
Mental Health Law
At Hill and Robb we often act for those who have been detained in hospital and are faced with further periods of detention. Often this is against their will and in such circumstances we are able to assist in challenging the detention.
The three major interventions to treat a mental disorder are by way of emergency detention, short term detention and detention for compulsory treatment. If a patient is detained on compulsory measures then it may mean that he or she is compelled to remain in hospital for up to six months. This is a significant restriction on that patient’s liberty. If a patient does not believe that there are grounds for being detained in hospital then the legal process, of course, allows for challenges to the medical and Social Work opinion that supports the detention. At Hill and Robb we are able to assist with representation at a Mental Health Tribunal.
At Hill and Robb we are also able to assist those who find themselves detained under the Mental Health (Care and Treatment)(Scotland) Act 2003. We would also be happy to act on behalf of relatives of those who may have been detained, as often relatives will have a close interest and involvement in the whole legal process. We appreciate that the process of detention under the Mental Health (Care and Treatment)(Scotland) Act 2003 is frequently a stressful one and our solicitors are determined to always deal with the process in an understanding and considerate manner. Our solicitors are called upon by the Mental Health Tribunal of Scotland to act on behalf of those who lack the capacity to instruct a solicitor.
It is in the best interests of a patient detained under Mental Health legislation to be receiving expert advice from a Scottish solicitor who understands what his or her legal rights, and for this advice to be received at the earliest opportunity.
Hill & Robb’s mental health lawyers provide Scottish mental health law advice and guidance for clients in Stirling, Alloa, Falkirk, and throughout the central belt of Scotland.