In Scotland, planning for the future or supporting a loved one who can no longer manage their own affairs is a reality many families face. When someone loses the ability to make decisions, whether due to illness, injury, or disability, legal tools like intervention orders and guardianship orders step in to ensure their welfare and finances are protected. But what do these terms mean, and how do they work under Scottish law? Let’s break it down in a straightforward way.
What Are Intervention Orders?
Intervention orders are a one-off solution. It’s a court-approved action designed to address a specific need for someone who can’t make a decision themselves, known as an “adult with incapacity” under the Adults with Incapacity (Scotland) Act 2000. Think of it as a targeted fix: selling a house, signing a legal document, or agreeing to a medical procedure. It’s not about ongoing management. It’s about getting something done and dusted.
Anyone with an interest in the person, like a family member, friend, or even a professional, can apply for an intervention order through the local sheriff court. The process involves proving the person lacks capacity, usually with medical reports, and showing the action is necessary and in their best interests. Once granted, the order authorises the named person to carry out that specific task, and that’s it. Job done.
For example, if an elderly relative with dementia needs their home sold to fund care, an intervention order could allow you to handle the sale. It’s quick, focused, and doesn’t tie you into long-term responsibility.
What Are Guardianship Orders?
Guardianship orders, on the other hand, are about the long game. They are for situations where someone needs ongoing support with decisions, whether that’s managing their bank account, paying bills, or deciding where they live. They are a more comprehensive tool, giving the appointed guardian legal authority to act on behalf of the adult over time.
Like intervention orders, guardianship falls under the same Scottish legislation and requires a sheriff court application. But it’s a bigger commitment. You’ll need to show the person’s incapacity is likely permanent or long-term, backed by two medical reports and a suitability report, often from a social worker. The sheriff decides the scope, welfare, financial, or both, and how long it lasts, typically three years, though it can be indefinite.
Guardianship might suit a scenario where a young adult with a severe learning disability needs lifelong support or an older person with progressive Alzheimer’s requires continuous care decisions. It’s flexible but comes with responsibility, including regular oversight from the Office of the Public Guardian (Scotland) for financial matters.
Key Differences
So, what sets them apart? Timing and scope. An intervention order is a single shot. Think of it as a legal sledgehammer for one stubborn nail. Guardianship is more like a toolbox, equipping you to handle multiple issues over months or years. Intervention orders are simpler and faster to obtain, while guardianship involves more paperwork and accountability, reflecting its broader reach.
Cost is another factor. Intervention orders are generally cheaper since they’re a one-time deal, but both can qualify for legal aid, depending on the circumstances. Guardianship often requires an insurance bond, called “caution”, to protect the adult’s assets, adding to the expense.
Why They Matter
These orders exist to safeguard vulnerable people while respecting their rights. The law demands that any action be the least restrictive option, only stepping in as far as needed, and considers the adult’s past and present wishes. It’s not about taking control. It’s about supporting someone when they can’t manage alone.
Without these tools, families can face real headaches. Imagine trying to access a loved one’s savings to pay for care, only to find the bank won’t budge without legal authority. Or needing to move them to a safer home but lacking the power to act. Intervention and guardianship orders cut through that red tape.
Final Thoughts
Whether you’re dealing with a single decision or the need for ongoing support, these legal options provide practical answers rooted in Scottish law. They’re not about getting tangled in red tape. They’re about giving you confidence, knowing your loved one’s needs are covered when they can’t manage on their own. If this is on your horizon, don’t muddle through alone. Get informed, explore what’s available, and take the next step with clarity.