In this section you will find information about:
About intervention orders
An intervention order is intended for a situation where a person who is unable to do it him or herself needs one-off decision made or someone to take an action.
You can apply to the local sheriff for an intervention order. This would normally be suitable where you have to deal with a single issue on behalf of an adult where the outcome can be predicted. This could, for example, be a financial or property transaction, or a legal action on behalf of an adult such as signing a document or going to court. The sheriff would have to be satisfied that the adult is incapable with regard to the matter in question, and that there is no other suitable means of dealing with the matter. Intervention orders will most commonly be suitable for financial and property matters, but they could also be suitable for some personal welfare matters, such as arranging for the adult to see a dentist. They can also cover both financial and welfare matters.
How do you decide if an intervention or guardianship order is needed?
You can consult your local authority social work department, a solicitor, the Public Guardian or the Mental Welfare Commission where the lack of capacity is as a result of mental disorder.
What might an intervention order be used for?
There are two forms of intervention order. An order may direct a specific action to be taken and/or authorise someone - an 'intervener' - to take an action or make a specified decision. For example, an order might:
- authorise that someone's house or car is sold or a more suitable one bought
- let someone sign a tenancy agreement on behalf of the adult
- authorise building a house extension
- give someone the power to make a specific decision about medical treatment.
Can a person authorised under an intervention be paid?
There is no provision for payment to any person acting under an intervention order.
How are the adult's interests protected?
The report which the court receives will examine the appropriateness of the order sought and the suitability of the person nominated. The court can ask for evidence and further reports on these matters.
All intervention orders are registered with the Public Guardian. The Public Guardian supervises the exercise of powers over financial affairs and property. The local authority social work department supervises welfare guardians. Those exercising welfare powers under an intervention order will be supervised if the sheriff so orders. The appropriate authority will investigate complaints against persons exercising powers under intervention orders and powers can be modified or revoked.
What does the code of practice cover?
The code of practice sets out the legal requirements for intervention orders and guardianship orders to be made. It gives guidance on how to decide whether an order is needed, and which order is needed. It makes suggestions on the types of powers that could be included in an order. It tells you how to go about applying and getting the necessary reports. It gives guidance on how to exercise your powers once you have them, and on keeping records. It explains how supervision works and what will happen if things go wrong. It explains what you need to do if there is a change of circumstances, and how to go about renewing your powers when the order is nearing the end of its term. Lastly, it explains what happens if the adult no longer requires a guardian and your powers need to be recalled.
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