What is an intervention order?

This is a court appointment which authorises a person to act and take a one-off action or make decisions on behalf of an adult with incapacity.   Anyone with an interest can make an application for an intervention order. When we refer to an adult, this is someone who is aged over 16 who is not able to look after their own affairs.

The order allows the person appointed to do certain one-off things such as signing legal documents or to sell the adult’s house or sign forms agreeing where someone can live. The Code of Practice provided by the Scottish Government gives further information and guidance in relation to the powers that may be sought.

Before applying for an intervention order, you should seek legal advice to make sure the appointment will benefit the adult and is appropriate under the circumstances.

The application will include a list of the powers you need to allow you to look after the adult's affairs. Powers can be requested to deal with the adult's property and/or financial affairs and/or make decisions about their personal welfare.

Generally there is no fixed period for the length of your appointment, as the order will last until you have carried out the action or decision authorised in your court order. If you think you might need powers on an on-going basis then a guardianship order could be more appropriate e.g. managing bank accounts and paying for the adult’s day to day expenses.

Refer to the case studies for examples of when guardianship order may be suitable.