Intervention Orders
What is an intervention order?
An intervention order is a court based appointment which authorises a person to take action or make a decision of which an adult is incapable of making for him or herself. Before applying for an intervention order, the applicant should make sure that the intervention will benefit the adult and be the least restrictive to the adult in terms of the AWI Act.
An intervention order can cover more than one aspect of the adult's property, financial affairs and/or personal welfare. There is no fixed period for the appointment as it will last until the intervener has concluded the matters authorised by the court. An intervention order would normally be suitable when dealing with issues where the outcome can be predicted. A guardianship order on the other hand would be more appropriate where ongoing management of the adult's affairs is required. This may be a financial or property transaction, such as signing a legal document on behalf of the adult or a personal welfare matter such as arranging for the adult to attend a medical appointment.
What should be considered before making an application?
Before applying for the intervention order you should consult with the adult to ensure as far as possible that his or her wishes are taken into account. You should also consult with any other relevant persons as required by the Act as far as is reasonable and practicable.
How do I apply?
An application for an intervention order should be made by summary application to the adult's local sheriff court.
If you are making an application for an order regarding the adult's personal welfare you should notify the Chief Social Worker of your intention to apply. You should allow 21 days for the required report.
What is involved in making an application?
The application should be accompanied by 2 medical reports of incapacity and a report from the Mental Health Officer (MHO) or Chief Social Work Officer (welfare matters) or a person with sufficient knowledge (property or financial matters).
Where the adult's incapacity is the result of a mental disorder, one of the medical reports must be completed by a medical practitioner approved under Section 22 of the Mental Health (Care and Treatment) (Scotland) Act 2003. If the adult lives out with Scotland, you may wish to contact the Mental Welfare Commission (MWC), as a suitably qualified medical practitioner in the adult's local area may complete this medical report. The MWC will be able to tell you if the medical practitioner is a suitably qualified person.
Where possible the medical reports should not be more than 30 days old at the date of lodging the application. From 1st April 2008, the Sheriff will have discretion to accept medical reports older than 30 days. However this does not apply to either the MHO report or to the report from a person with sufficient knowledge. These reports must not be older than 30 days when lodging the application at the sheriff court. Click on the links below to view the required reports.
- Application for welfare intervention
- Application for financial intervention
- Application for welfare and financial intervention
What is Caution?
When granting an intervention order, the Sheriff may require a financial intervener to find caution or give some other form of security. Caution is an insurance bond to safeguard the adult's estate from loss caused by negligent actions or omissions by the intervener. For more information on Caution, please click here.
What are the Public Guardian's responsibilities?
When the Sheriff has appointed you as an intervener and the Office of the Public Guardian has issued your certificate of appointment, you will need to keep a record of your actions. The fee for registering an intervention order is currently £65.
The Public Guardian is responsible for supervising an intervener with financial and property powers. You should keep copies of all correspondence regarding your powers. This office will contact you periodically asking for a report or account on your actions in implementing the powers granted by the Sheriff. It may be that you will be asked to supply bank statements or other evidence to support the entries in your report or account. When you have completed all of the powers granted by the Sheriff you should confirm this in writing to this office enclosing evidence that the terms of the order have been completed.
It is highly recommended that the code of practice for persons authorised under intervention orders and guardians is read in conjunction with the above. Please click here to view and download the code of practice on the Scottish Government's website.
