FAQs

What is the difference between a guardianship and an intervention order?

A guardianship order allows someone to make ongoing decisions on behalf of an adult, such as paying bills, dealing with bank accounts or making decisions about care and personal welfare matters.

An intervention order is designed to allow someone to make one-off or specific decisions, such as selling a house belonging to the adult or deciding what medical treatment is best for the adult at that particular time.

Can I apply for legal aid?

Civil legal aid might be available to help with the legal costs of making the application. For more information contact Scottish Legal Aid Board

Can I be paid for carrying out the role of Intervener?

Although interveners can claim necessary outlays from the adult's estate, they cannot be paid for carrying out their duties.

Can I set up a trust fund for the adult?

You should check the court order to identify if you have powers to set up a trust on behalf of the adult. If this power has not be granted and is necessary, you will need to lodge a minute to vary the court order at the sheriff court to have this additional power added. You should seek legal advice if you are thinking about changing the terms of the order.

Once you have taken legal and financial advice you should send a copy of the draft deed and any supporting documentation, such as a financial report, to us for consideration. If we are satisfied with the terms of the deed we will confirm this to you in writing.

Can interveners be removed from their appointment?

Should any individual with an interest in the adult wish to remove an intervener from their appointment, the first step is to seek legal advice. An application can then be made to the Sheriff to request that the intervener be removed from their appointment.

If the Sheriff:

• Grants the removal, we will update the public register accordingly and issue a new certificate of appointment, if necessary.
• Does not grant the removal, then no further action will be taken and the original appointment will stand.

If you have any concerns regarding the actions of a financial intervener or wish further information about the removal of an intervener, please contact us.

The social work department in the local authority area where the adult lives and/or the Mental Welfare Commission should be contacted in relation to concerns on the actions of a welfare intervener.

Problems with Banks and Building Societies

If the bank or building society does not accept the certificate of appointment and this affects your ability to use your powers you may consider doing the following:

• Firstly complain directly to the branch itself and see whether the matter can be resolved.
• If the situation is not resolved, complain directly to the bank’s head office.
• If the difficulties are still being encountered you may want to complain to the Financial Ombudsman highlighting how the banking institution has failed to act.

You can also contact the Equality and Human Rights Commission if you have reason to believe that an adult with incapacity has been treated less fairly than a capable person, i.e. if there is a possible disability discrimination issue.