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Who can apply to be an intervener, can apply to be an intervener? Anyone with an interest in the adult can apply, , a professional person (solicitor, accountant, etc.) the local authority Several people can be involved in the application process. An application can be made to appoint more than 1 intervener. It is possible for the applicant and the intervener to be different people. For example, you may be willing to be appointed under the intervention order but you may prefer the local authority to carry out
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People involved, involved When making an application for an order, a variety of people can be involved: Applicant - person with an interest making the application Adult - person over 16 years or about to reach the age of 16, who is incapable of managing their own affairs relevant others. This includes the nearest relative, named person, primary carer and any other person with an interest in the welfare and financial affairs of the adult (this could be a health or social work care
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Our investigation remit, that there are particular concerns that we cannot investigate or get involved with.
When we receive a referral, we will review the information provided to establish whether we have a remit to start an investigation. More information about our remit is available from our investigations webpage, The Public Guardian has certain powers to investigate concerns and take steps to safeguard the property and / or finances of an incapable adult where it appears they are at risk. If you have
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Technical issue - incoming and outgoing calls, We are currently experiencing technical difficulties with incoming and outgoing calls. We are aware of the problem and working to get the issue resolved as soon as possible. If you need to reach us meantime please email opg@scotcourts.gov.uk We apologise for any inconvenience caused
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Definition of incapacity, of incapacity The law in Scotland generally presumes that adults i.e., there is medical evidence stating otherwise. For the purposes of this Act, “incapable” means incapable of: acting; or making decisions; or communicating decisions; or understanding decisions, or inability to communicate because of physical disability. This is not an ‘all or nothing’ definition as the Act recognises that an individual may lack capacity to make certain decisions relating
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Receipts level for individual purchases to increase to £200
(Annual/Final accounts), Financial guardians are required to send supporting information along with their annual or final account to this office when an account is due for review. Currently we request receipts and invoices for purchases made for any individual items over the value of £100. This sum has been reviewed and from 1st April 2025 the level will increase to £200. The new level will apply to accounts due to be submitted from 1st April 2025
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When we can't get involved, ” and “Incapacity”. This means we only have authority to investigate when an adult, a person who is aged 16, of the incapable adult. Investigate deprivation of capital issues Our role is to represent the interests of the incapable adult, therefore deprivation of capital issues are a matter for the local, .
investigations, involved, we can't get involved Joint attorney cases Disputes between joint attorneys
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Step 1 incapacity capacity, with Incapacity (Scotland) Act 2000 defines “incapable” as, being incapable of: acting; or making, 1 - capacity / incapacity Establishing the adult’s incapacity / capacity At the outset of an investigation, the adult’s capacity requires to be determined, as this will tell us whether we can investigate or not. We cannot investigate where an adult has capacity, as this does, of decisions; by reason of mental disorder or of inability to communicate because of physical disability
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Duties as a financial intervener, of the death certificate. For further information about the duties of the intervener please refer, .
Intervention, order, duties, intervener, as a financial intervener If you are appointed as a financial intervener you, supervises welfare interveners? Welfare guardians are supervised by the local authority in the area
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New Investigation referral form, We have updated our investigation referral form which can be used by anyone wishing to refer to us because they have concerns that an incapable adult’s funds or property appear at risk. In addition to the new form we now provide an information leaflet to explain what we can investigate and the actual investigation process. Further information and investigation case studies are available from our website