In Scotland, situations sometimes arise where an individual is no longer able to manage their own affairs due to illness, disability or injury. In these cases, the law provides mechanisms to protect the person’s welfare and finances.
An intervention order allows someone to carry out a specific action on behalf of an adult who lacks capacity. This might include signing a legal document, selling property or making a particular financial decision.
It is designed as a one-off solution for a clearly defined task.
Guardianship orders provide ongoing authority for someone to make decisions on behalf of an adult who lacks capacity. These decisions may relate to financial matters, welfare issues or both.
Guardianship is typically granted where long-term support is required.
Both intervention and guardianship orders require an application to the sheriff court. Medical evidence is usually needed to confirm that the person lacks capacity.
The court’s primary consideration is always the best interests of the adult concerned.
Intervention orders are designed for single actions and are generally quicker to obtain. Guardianship orders involve broader authority and often require ongoing supervision from the Office of the Public Guardian (Scotland).
Intervention and guardianship orders provide essential legal tools for protecting vulnerable adults in Scotland. Understanding how they work can help families make informed decisions when support becomes necessary.