When do I as guardian/intervener require to seek the consent of the public guardian in relation to the sale of heritable property?

A. Consent of the Public Guardian is only required when the heritable property is used for the time being as a dwellinghouse by the adult. The existence of the phrase – “used for the time being as a dwellinghouse” – in Section 53(6) and Schedule 2, paragraph 6(1) of the Act has given rise to different interpretations of when the Public Guardian’s consent to sale and price obtained for the sale of heritable property is required.

The Public Guardian has now taken steps to eradicate the possibility of different interpretations by requesting that the Sheriff in his interlocutor gives direction as to what heritable property is identified as – “used for the time being as a dwellinghouse” in this matter. The Public Guardian will thereafter abide by this decision. More.

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