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What is the difference between a Guardianship Order and an Intervention Order?
Guardianship and Intervention Orders both authorise a person to make decisions on behalf of the incapacitated person. This can include financial matters or personal welfare issues or both. The difference between the Orders is that an Intervention Order deals with a specific issue, such as the sale of a property or ending a tenancy, whereas a Guardianship Order would normally be sought when ongoing management of the subject adult’s affairs is required.
Applications for either type of Order are made through the Sheriff Court. Although anyone can apply it will usually be a relative or a person acting in a professional capacity.
What is required for an Intervention Order?
The Court will require medical reports about the person’s incapacity. It will also require details about the suitability of the prospective appointee. Once an appointment has been made it will be scrutinised regularly by the Office of the Public Guardian.
Applying for a Guardianship Order
Depending on the particular condition and circumstances, the Sheriff will decide on the length of the Order which could be for the subject’s lifetime.
Applications can take a number of months and can be complex so most families will obtain specialist legal advice. Our friendly and approachable team are experienced practitioners in dealing with the processes and can guide clients through them at every stage to make it as straightforward as possible. Legal aid may be available.