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Legal issues

2) Intervention Order

What is an Intervention Order?

The Adults with Incapacity (Scotland) Act 2000. Allows a court to appoint another person to authorise or action decisions which the person is unable to make for themselves.

The definition of incapacity is: a lack of capacity to act, make, communicate, understand or retain the memory of decisions because of a mental disorder or restricted communication due to physical or other disability. It can apply to property, personal welfare or financial affairs.

An application for an Intervention Order can be made to the local sheriff court. An Intervention Order is for one off situations or actions only and is not a permanent arrangement. You also have to consult with the person, as far as possible, to ensure their wishes are taken into account. Medical reports are also required stating the person has incapacity ( i.e is unable to make their own decision) There are safeguards to protect vulnerable adults and you will have to provide copies of any expenditure such as bank statements or letters.

You are strongly advised to seek legal help from a solicitor. The process can take time and can be difficult to understand. There will be other fees involved.

For more detailed information see Office of the Public Guardian website or call 01324 678 300.

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