Page 2 - Guardianship and Intervention Orders In Scotland

Guardianship and Intervention Orders in Scotland

When somebody has lost their capacity to make decisions for themselves and they have not
previously granted a Continuing Power of Attorney, an Intervention or Guardianship Order
may be required. The local court will grant such an Order appointing and authorising
somebody to act on behalf of the incapacitated adult.

This article will briefly outline what Intervention and Guardianship Orders are, how to apply
for them, and what it actually involves if the Orders are granted.

An Intervention Order will be sought usually for a “one off” particular matter to be put in
place. For example a property may need to be sold and a signature is required on the legal
document transferring ownership. Alternatively perhaps arrangements need to be made to
have the adult placed in a nursing home. The Intervention Order will only give authority for
those matters to be completed. The person appointed under the Intervention Order is called
an “Intervener”.

If, on the other hand, ongoing management of the adult’s affairs is required then a
Guardianship Order should be obtained. This Order is more suitable if the adult will have long
term needs. The Guardianship Order will appoint a Guardian to look after the adult’s affairs
on a continuous basis.

Both Orders can be granted to authorise somebody to be responsible for property and
financial concerns, or matters relating to the personal welfare of the adult, or the Order can

cover both areas of responsibility.

The next question to be answered is who should be appointed as the Guardian or Intervener?
The person appointed needs to be an adult. A friend, relation or person acting in a
professional capacity can be appointed.

How then do you apply for either an Intervention of Guardianship Order? An application has
to be made to the local Sheriff Court. Before you apply you must consult with the
incapacitated adult to ensure his or her wishes, where possible, are taken into consideration
and likewise for the adult’s immediate family. You may also have to consult with “relevant
people”. Relevant people are people with a connection to the adult – for example the adult’s
doctor or carers. The application to the court must be accompanied by two medical
reports. In addition if the application includes authorisation for the personal welfare of the
adult you must obtain a report from the Chief Social Worker stating that the applicant is a
suitable person. If the order relates only to property or financial matters a report must be
obtained from a person with sufficient knowledge as to the applicant’s suitability. All these
reports are based on a meeting with the adult within thirty days from the date the application

is sent to the Court.

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