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Guardianship and Intervention Order

Under what circumstances would a Guardianship Order be required?

In the event that a Power of Attorney is not in place, an individual, who no longer has capacity to manage his or her own affairs, will require to have an Intervention Order or Guardianship Order put in place.

These are court orders which authorise a person or local authority to act and make decisions on behalf of an adult who has lost capacity by reason of physical or mental disorder or disability. A Guardian can be appointed to manage both welfare and financial affairs for a specified period (normally for 3 to 5 years) or, if more appropriate, an individual can be appointed under an Intervention Order to manage one off transactions on behalf of the incapacitated individual, such as the selling of their property.

The procedure can be fairly lengthy and complex and requires the involvement of many different parties, with the ultimate decision as to whether or not to grant the order resting with the Sheriff. The role of the Guardian can be fairly onerous and should not be taken on lightly and certainly not until you are fully aware of the requirements of the role.

Before considering the implications for an individual who has lost capacity, we recommend that you seek the professional advice of a solicitor at Allingham & Co. who will be happy to guide you through the options available.

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