Mind wild - it's actually potentially worse than your surmise.
I wish I could tell you my story - it would make the hairs on the back of your neck stand up, honestly. I am still trying to get justice through the appropriate channels but the stonewalling is astonishing. This is the type of legislation being used to cover up a complete lack of professional competence.
Yes, I agree that the State guardian proposal seems to be a clear breach of Art. 8 of the ECHR to the right to a private family life, free from state control. It is being challenged in court, but in the event of a Yes vote, an independent Scotland would accede from the rest of the UK and therefore the ECHR before any judgment could be enforced.
The state guardian scheme is hardly the only Scottish legislation to trouble the ECHR watchers. The legislation to remove various property related matters from the very effective small claims procedure to mysterious "First Instance tribunals" - how does that guarantee the human right to a public and impartial hearing under Art. 6? There is thereafter an appeal to the court, but local courts have been closed by the SNP Government, so that seems less likely too. And of course Legal Aid has been cut, so its almost impossible to take a case to the ECHR, or to get a meaningful response to a FOI request to assist in finding evidence for it, as much of it comes back scored out for "economic reasons benefitting a public authority" and the ombudsman is toothless and disinterested.
A lot of legislation already passed relating to rental properties probably breaches Art. 8 already. Possibly a public interest defence could be argued. e.g. with the tenancy deposit scheme - disputes with tenants should be handled by properly legally qualified judges in courts, not by some self appointed individual running a business. But how could you possibly point that out in the political atmosphere that exists in Scotland?