An Intervention Order is an order under the Adults with Incapacity (Scotland) Act 2000 which is granted by a Sheriff on an applicant making application to the Sheriff Court. It allows a person to take decisions on behalf of an adult who is deemed to be an adult with incapacity under the 2000 Act. It can cover various aspects or just one aspect of a person’s affairs, including property matters and welfare issues.
With such an application the person applying has to justify to the Court why they need to make such decisions or take action on behalf of someone else and to demonstrate that this intervention will benefit the individual.
An intervention order, which can be applied for by an individual, family member, professional person or local authority, is usually applied for when short-term or immediate decisions or actions need to be taken. Longer-term and usually complex situations may require a Guardianship order.
Applications require to be submitted supported by statutory reports and there are statutory timescales regarding the reporting which must be adhered to.
Once awarded, detailed records of all financial transactions and decisions made in terms of the order should be kept.
Find out how intervention orders might work for you on our Case Studies page.