Power of Attorney:  Part 2 of the Adults with Incapacity (Scotland) Act 2000 ensures that individuals can make arrangements for someone, perhaps a relation, friend or professional person, to have power of attorney over affairs relating to their property and finances (Continuing Attorney) and personal welfare (Welfare Attorney).

All continuing and welfare powers of attorney are registered with the Office of Public Guardian. The Office of Public Guardian passes on information on welfare powers of attorney and combined continuing and welfare powers of attorney to the local authority within whose boundaries the adult lives.

Access to the adult’s funds (also known as ‘Intromission') is a means whereby an individual, such as a relative or friend, can apply to the Public Guardian to gain access to the funds or bank accounts of an adult who is unable to manage them themselves. If two adults open a joint account and one of them loses capacity, the other account holder can continue to manage the account without having to seek access to the funds.

Intervention and Guardianship Orders

Applications for these orders are made to the Sheriff Court.

What is an Intervention Order?

An intervention order allows someone to apply to the Sheriff Court for authority to carry out a single, time limited activity on behalf of an adult who lacks capacity to do so themselves. This could be selling property or signing a tenancy agreement.

What is a Guardianship Order?

A guardianship order can operate over a longer period of time and can relate to a number of financial issues or welfare issues.

Local authorities cannot apply to be a Financial Guardian and can only apply to be a Welfare Guardian if there is no one else who can carry out the role.

Financial Guardians are supervised by the Public Guardian and Welfare Guardians are supervised by a local authority social worker.