An intervention order is appropriate where there is a need for a 'one-off' decision or action. A guardianship order gives authority to act and make certain decisions over the long term. An application can be made for a financial and/or welfare order depending on the needs of the individual.
The application, which must be accompanied by certain reports, is made to the Sheriff Court. The Sheriff decides whether the adult needs a guardian, and if the person nominated to be the guardian is suitable. Once granted, the order is registered with the Office of the Public Guardian and can then be put into operation.
Who can apply for an order?
Anyone with an interest in the adult, normally a family member, but possibly a friend, can apply to the Sheriff Court to become a welfare and/or financial guardian or intervener. Usually the person who wishes to act for the adult makes the application and nominates themselves.
More than one person can apply to have joint guardianship. Joint guardianship is often advisable as it enables tasks to be shared, and provides cover should one person become temporarily unavailable. Some families find it helpful to have one person dealing with welfare matters and the other with financial affairs. Alternatively, a substitute guardian may be nominated at the time of making the application. This would be to ensure continuity in the event of the guardian being unable to continue for any reason.
Our solicitors at NewLaw Scotland understand and work with many people on Guardianship and Intervention Orders. They can apply to the court on your behalf to have you appointed as a guardian in your loved one’s affairs. NewLaw Solicitors in Scotland can also act as professional guardians if that is preferred. They can begin with the application to the court and take you right through to the administration of the guardianship.
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