Guardianship & Intervention Orders

Guardianship and intervention orders provide legal authority for someone to make decisions and act on behalf of a person with reduced capacity. The powers granted under an order may relate to the person's money, property, personal welfare and health.

 

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What is an intervention order?

This is a court order which authorises a person to act or make decisions on behalf of an adult with incapacity. Anyone with an interest can make an application for an intervention order.

In order to grant such an order, the Court requires considerable detail about the capacity of the person (including the provision of medical reports) as well as details about the suitability of the person who is seeking to be appointed to manage their affairs. Once an appointment is made it is also subject to regular scrutiny by the Office of the Public Guardian Scotland.

The order allows the person appointed to do certain things such as signing legal documents or agreeing where someone can live. The Code of Practice provided by the Scottish Government gives further information and guidance in relation to the powers that may be sought.

Generally, there is no fixed period for the length of your appointment, as the order will last until you have carried out the action or decision authorised in your court order. If you think you might need powers on an on-going basis then a guardianship order could be more appropriate e.g. managing bank accounts and paying for the adult’s day to day expenses.

Guardianship Order

Guardianship order allows someone to make on-going decisions on behalf of an adult, such as paying bills, dealing with bank accounts or making decisions about care and personal welfare matters.

Based on the adult’s condition and circumstances, the Sheriff will decide how long the order should last. It is usual for orders to be granted for a period of 3 years; however, it might be granted for a longer period of time or indeed for the lifetime of the adult.

Children about to reach the age of 16

For children who are about to reach the age of 16, you can apply for a guardianship order up to three months before their 16th birthday. This means that the guardianship order will take effect on the date of their birthday.

Any questions?

Call our Guardianship & Intervention Order Team today on 0131 467 5566  or get in touch with us via our online enquiry form below.