The Adults with Incapacity (Scotland)
Act 2000 introduced some new arrangements for making decisions and
taking actions to safeguard the personal
welfare, property and financial affairs of adults whose
capacity to do so is impaired.
Part 6 of the Act allows for an application to be made to the
- An intervention order authorising a person to take action or
make a decision of which the adult is incapable.
- An order appointing a person or office holder as guardian in
relation to the adult's property, financial affairs and personal
- An order appointing a person or office holder in relation to a
child who will become an adult (age 16) within 3 months (but such
an order will not have effect until the child's 16th
Who can apply?
An application can be made to the court by any person, including
the adult, claiming an interest in the property, financial affairs
or personal welfare of the adult. The applicant will, however,
require to satisfy the court as to their suitability to be
The local authority has a duty to apply where necessary and
nobody else is doing so.
The Office of the Public Guardian provides information, advice and
guidance about Powers of Attorney; Access to Funds; Guardianship
and Intervention Orders. It can also investigate concerns where the
property or financial affairs of an adult seem to be at
risk. It also has supervisory duties in respect of financial
guardianship and intervention orders.
The Mental Welfare Commission is only interested in
financial powers where welfare powers have also been applied.
For more information on Financial Guardianship, please
contact the Office of the Public Guardian on 01324