Page 3 - Guardianship and Intervention Orders In Scotland

Guardianship and Intervention Orders in Scotland

An application for either one of these orders is a long and complicated process in respect of
which most families obtain specialist legal advice. At the date of this publication free Legal
Aid is available for many, but not all, of such applications, without means testing. This will
reduce the costs to families. Not all solicitors offer legal aid and families might wish to check
the position before instructing a firm.

If the Order is granted, it will have to be registered with the Office of the Public Guardian

(OPG). The OPG is part of the Scottish Court Service. They are responsible, amongst other
things, for supervising the financial actions of those who have been appointed under an
Intervention or Guardianship Order to manage the affairs of an adult. The Local Authority will
be the supervisory body if the Guardian has any personal welfare responsibilities.

If an Intervention Order has been granted, the Intervener will have to report regularly to the
OPG on their actions under the Order. The Intervener will need to keep careful records as he

or she may be asked by the OPG to submit paperwork completed on behalf of the
adult. Finally once all duties under the Order have been carried out the Intervener will have
to advise the OPG of this and provide evidence to this effect.

Where financial guardianship is granted, the OPG supervision is considerably more thorough
as this order is of an ongoing nature. The Guardian will have to submit an Inventory as soon
as the Order has been registered with the OPG. The Inventory will detail all assets held by the
adult. A management plan will have to be prepared explaining how the Guardian is going to
administer the adult’s estate. He or she will also have to submit annual accounts.

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