Both of these mechanisms are required where an individual has lost capacity and there is no Power of Attorney in place. In order to be able to manage the individuals affairs i.e. authorise where the person resides, the care the person should receive and how that care should be delivered a relative needs to apply to the Court for Guardianship.
Why apply for Guardianship? The application may be made because the person is struggling to make decisions or because they cannot safeguard their property or finances. It may be because there is a conflict between the adult and their carers about what care is needed, or where they need to live. Or it may be because carers or relatives want to have a central role in all decisions being made for the person who lacks capacity.
Guardianship applications fall within the scope of the Adults with Incapacity (Scotland) Act 2000. Through working closely with carers we can advise you on the types of guardianship available, how long the appointment lasts for, the duties of a guardian and most importantly how to be appointed.
Whilst a Guardianship order gives authority to act and make certain decisions on behalf of an individual over the long term, an Intervention order is appropriate where there is a need for a one off decision or action. It may be appropriate to apply for a financial intervention order in order to open, operate or close an account held by the adult, to buy or sell property or for example to sell moveable property held by the adult to obtain an income. In the event that the individual was unable to give medical consent to significant medical or dental treatment, then it may be appropriate to apply for a welfare intervention order.
For a free initial consultation to receive advice specific to your individual requirements please contact us.