The Scottish Government

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March 2007

ISBN 978 0 7559 5393 6

This document is also available in pdf format (900k)

Contents

1 About this guide

2 About the Adults with Incapacity Act (Scotland) Act 2000
• Who the Act can help
• Making decisions
• What does incapacity mean?
• Summary of provisions
• Principles

3 About guardianship and intervention orders
• What are guardianship and intervention orders?
• Who can apply for an order?
• When you might consider the need for guardianship
• Guardianship order
- Financial powers
- Welfare powers
• Intervention order
- Financial
- Welfare

4 What powers should I apply for?
• Applying the principles
• Anticipate the powers you are likely to need
• Financial guardianship powers
• Welfare guardianship powers
• Making the right application!
• Who to contact for further advice

5 A step-by-step guide to applying for an order
• About the application process
• Making an application yourself - steps to take
• Flowchart: Making an application for an Order

6 You've been appointed - what to do next
• Informing and involving others
• Contact with supervisory bodies

Appendices
Appendix 1: Reports needed to support an application for an order
Appendix 2: Legal Provisions governing guardianship orders
• Caution
• Direction waiving requirement for management plan
• Can the adult enter into transactions without the permission of the financial guardian?
• Liability and protection for third parties acting in good faith
• Special provisions where guardianship relates to heritable property
Appendix 3: Examples of summary application forms
Appendix 4: Costs associated with applying for an order
Appendix 5: Useful contacts and resources
Appendix 6: Frequently Asked Questions

Planner

Acknowledgments

This booklet has been informed by responses to a survey of lay welfare guardians, carried out in November 2005. I am grateful to all those who shared their experiences of the application process and advised me about the information and assistance that would have helped at the time. Most carers wanted simple, but full, information about what was involved in making an application. This included having a better knowledge of the court process and understanding of the roles of the different officers and agencies involved. Many reported a lack of information about costs or legal aid provisions and did not know where to turn for help. Some guardians offered further help and it is to these kind people I turned to with a request to read and comment on the final draft. Their time and effort is very much appreciated, in particular thanks go to Marion Sievewright and Dr Iain White also to Stuart Fowler and colleagues at the Office of the Public Guardian.

Jan Killeen
AWI National Practice Co-ordinator

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