Guardianship Orders and Intervention Orders are other types of work which we can assist you with and generally fall within what is referred to as “Adults with Incapacity” work. These have been mentioned briefly in our topic on “Powers of Attorney”.
In summary, these procedures allow someone else to act in certain specific matters for someone who no longer has the capacity to do these things for himself or herself. This might include selling a house, running the Adult’s financial affairs or making personal or welfare decisions for him or her or really anything else that could have been done by the Adult had it not been for the fact he or she has lost the mental capacity to do so.
Intervention Orders are more appropriate where one off acts require to be undertaken on behalf of the Adult and state what decisions or actions the Intervener is to carry out on behalf of the Adult. The Intervention Order lasts for as long as it takes for the specific decision to be made or the specific act to be carried out.
Guardianship Orders are more general in that they allow the Guardian to look after the affairs of the Adult on an ongoing basis and state what the Guardian can do. The Guardianship Order usually lasts for a specific period of time (with the possibility of renewal if necessary). Most Financial Guardians are required to complete an Inventory of Estate of the Adult, a Management Plan for the Estate and Annual Accounts.
The process of applying for a Guardianship Order or an Intervention Order involves consulting with various parties, obtaining Medical Reports and making an Application to the Sheriff Court. This can be complicated and time-consuming – often taking several months to complete.
It is often a difficult time when someone close to you is no longer as able as they once were and may even need to leave their own home to live somewhere else where appropriate care can be provided to them. We can discuss with you and, when appropriate, the Adult concerned the circumstances particular to that person and advise on the procedure most appropriate to deal with the matters requiring attention.
If you would like our advice on any aspect of Adults with Incapacity work please use the contact us form.
You may also find helpful the information leaflets on Guardianship Orders, Intervention Orders and Intromit with Funds / Access to Funds published by the Office of the Public Guardian (Scotland).