When are Intervention and Guardianship Orders required?

Where an individual has lost capacity to make decisions for themselves and they have not previously granted a Power of Attorney, an Intervention or Guardianship Order may be required. The Adults with Incapacity (Scotland) Act 2000 gives various options to a relative or a friend to apply to the court to assist a person who no longer has capacity (known as the ‘adult’) to look after their own affairs. The options under the Act are as follows:-

• Apply to access funds. A relative or a friend can apply to the Office of the Public Guardian to access and manage the funds held in the adult’s bank or building society account.
• Apply for a Financial Intervention Order. This is generally sought when a person needs authority to make a particular decision or take certain action on behalf of someone who is not able to do so themselves. This type of Order could allow the person appointed to do certain one-off things such as sign official documents or sell the adult’s home.
• Apply for a Financial and/or Welfare Guardianship Order. A Guardianship Order gives the Guardian authority to act and make ongoing decisions to manage the financial and/or welfare affairs of the adult where they are no longer capable of doing so themselves.
  How can Miller Hendry help?

Costs/Funding

Funding is available from the Scottish Legal Aid Board for most Guardianship applications.

How can Miller Hendry help?

We have a wealth of experience in making Guardianship applications and in dealing with their ongoing administration and would be delighted to provide you with further information on this specialised area.