Intervention Orders in Scotland: One-Off Authority Explained

A Legal Tool for One-Off Decisions

Sometimes an adult is incapable of making one particular decision, but they do not need someone managing their affairs on an ongoing basis.

In Scotland, the Adults with Incapacity (Scotland) Act 2000 provides a limited legal mechanism for situations like this: an intervention order.

An intervention order allows a sheriff to authorise a named person or office-holder to take a particular action or make a specific decision on behalf of an adult who is incapable of doing so themselves.

Unlike guardianship, it does not usually provide continuing authority over the adult’s welfare, property or financial affairs.

What is an intervention order?

An intervention order is a court order granting authority for a defined action or decision.

Depending on the adult’s circumstances, it may concern:

• property;
• financial affairs;
• personal welfare; or
• a combination of closely connected matters.

For example, an intervention order might authorise someone to:

• sell a particular property;
• access an identified bank account;
• complete a defined financial transaction;
• sign specified legal documents;
• make a particular decision about accommodation; or
• consent to or refuse a specific medical treatment where other legal authority is insufficient.

The exact wording of the order matters. The person appointed, known as the intervener, can exercise only the powers granted by the sheriff.

An intervention order should not be treated as general permission to make other decisions for the adult.

Why do intervention orders exist?

The Adults with Incapacity (Scotland) Act 2000 is designed to avoid unnecessary intervention in an adult’s life.

Before granting an order, the sheriff must be satisfied that:

• the proposed intervention will benefit the adult;
• that benefit cannot reasonably be achieved without intervention; and
• the proposed order is the least restrictive available option.

The adult’s past and present wishes should be taken into account, along with the views of relevant people where it is reasonable and practical to consult them.

The adult should also be encouraged to use existing decision-making skills and develop new ones wherever possible.

If only one action is needed, granting wide and continuing guardianship powers may be unnecessarily restrictive. An intervention order allows the sheriff to authorise only what is actually required.

A diagnosis is not enough

An intervention order cannot be justified solely because an adult has dementia, a learning disability, an acquired brain injury, a mental illness or another medical condition.

The evidence must show that the adult is incapable in relation to the particular action or decision covered by the application.

Someone may be unable to understand a complex property sale but remain capable of managing everyday spending. Another person may be unable to enter a particular legal agreement but still be able to decide where they would prefer to live.

Incapacity should therefore be assessed in relation to the specific decision,not treated as a label covering every part of the adult’s life.

When might an intervention order be appropriate?

An intervention order may be considered when:

• one clearly identified action or decision is required;
• the adult is incapable in relation to that matter;
• there is no attorney or other person with sufficient existing authority;
• an administrative alternative, such as Access to Funds, is not suitable;
• the intervention will benefit the adult;
• the benefit cannot reasonably be achieved without the order; and
• ongoing guardianship would be unnecessarily broad.

Financial intervention orders

Many intervention orders concern property or financial affairs.

They might be used to authorise:

• the sale of a house;
• the purchase of suitable accommodation;
• access to a particular account;
• payment of a defined debt;
• execution of a legal document; or
• completion of another specified transaction.

However, the team applying for the order must think beyond the immediate transaction.

For example, selling a house may produce a large sum of money that still needs to be managed. The authority to sell the property does not automatically give the intervener power to manage the proceeds indefinitely.

If continuing financial management will be required, financial guardianship, the Access to Funds Scheme or another legal arrangement may be more appropriate.

Welfare intervention orders

An intervention order may also concern a specific personal-welfare decision.

For example, it might authorise a particular decision about:

• accommodation;
• access to a service;
• a defined aspect of care;
• contact arrangements; or
• medical treatment.

Care is needed when describing accommodation decisions. Signing a tenancy, deciding where someone should live and paying accommodation costs may involve different legal issues and require different financial and welfare powers.

An intervention order should therefore identify the exact action or decision required rather than use vague wording such as “deal with accommodation.”

Intervention orders and medical treatment

Intervention orders are not ordinarily required for routine medical treatment.

Under Part 5 of the Adults with Incapacity (Scotland) Act 2000, most non-emergency medical treatment for an adult who is incapable of consenting is authorised through a section 47 certificate of incapacity.

A section 47 certificate must be completed by a doctor or another healthcare professional authorised under the legislation. It relates to the adult’s incapacity concerning the medical treatment in question and provides authority for reasonable treatment within the limits of the Act.

An intervention order concerning medical treatment may be considered where:

• a specific proxy decision-maker is required;
• the proposed decision falls outside ordinary section 47 arrangements;
• there is a dispute that cannot be resolved through the Part 5 process;
• specific authority is needed for an associated action; or
• another legal safeguard requires court involvement.

Some medical treatments are subject to additional statutory safeguards and cannot be authorised solely through ordinary proxy consent or a general section 47 certificate.

Healthcare teams should seek senior and legal advice before assuming that an intervention order is necessary or sufficient.

How is an intervention order granted?

An application is normally made to the sheriff court for the area in which the adult lives or owns property.

Anyone claiming an interest in the adult’s property, financial affairs or personal welfare may apply. This might include:

• a relative;
• friend;
• carer;
• solicitor;
• local authority;
• professional person; or
• another suitable individual or organisation.

The application, known as a summary application, must explain:

• the action or decision requiring authority;
• why the adult is incapable in relation to it;
• why the intervention will benefit the adult;
• why the benefit cannot reasonably be achieved without the order;
• why a less restrictive alternative is insufficient;
• the exact power being requested; and
• why the proposed intervener is suitable.

What reports are required?

Applications generally require two medical reports and a suitability report.

Medical reports

The two medical reports assess whether the adult is incapable in relation to the action or decision covered by the application.

The doctors should examine the adult separately and complete their reports independently.

Where the incapacity arises because of mental disorder, one report must normally be completed by a medical practitioner with the required approval under Scottish mental health legislation.

The relevant medical examinations should generally take place no more than 30 days before the application is lodged with the sheriff court.

It is the date of the examination,not simply the date on which the report is signed,that matters. A sheriff has limited discretion to accept an older medical report where satisfied that relevant circumstances have not changed.

Suitability report

A suitability report is also required. It considers:

• whether the proposed order is appropriate;
• the adult’s circumstances;
• whether the proposed powers are suitably limited; and
• whether the proposed intervener is suitable.

For an application involving welfare powers, the local authority normally provides the suitability report. Where the adult’s incapacity arises because of mental disorder, this will usually involve a Mental Health Officer.

For an application involving property or financial affairs, the report may be completed by a person with sufficient knowledge to comment on the adult’s financial circumstances, the proposed action and the intervener’s suitability.

What does the sheriff decide?

The sheriff considers whether:

• the adult is incapable in relation to the specified decision or action;
• the intervention will benefit the adult;
• the benefit cannot reasonably be achieved without the order;
• the proposed order is the least restrictive option;
• the requested power is appropriately defined;
• the proposed intervener is suitable; and
• any existing power of attorney, intervention order or guardianship order already provides relevant authority.

The sheriff may:

• grant the order as requested;
• grant only part of the requested authority;
• change or restrict the wording;
• impose conditions;
• ask for further evidence; or
• refuse the application.

What happens after the order is granted?

The sheriff court sends the intervention order to the Office of the Public Guardian in Scotland.

The Public Guardian records it in the public register and issues the intervener with a certificate of appointment. The intervener should not normally begin acting until the appointment has been registered and the certificate received.

The certificate and court order should be kept safely. Organisations involved in the action may ask to see them before accepting the intervener’s authority.

Once the authorised action has been completed, the power is normally exhausted. The intervener does not retain general authority over the adult’s affairs.

Supervision and oversight

Intervention orders do not all receive the same form of oversight.

Financial intervention orders

The Public Guardian must supervise someone exercising intervention-order powers relating to the adult’s property or financial affairs.

The form of supervision depends on the action authorised. The intervener may be required to:

• keep detailed records;
• retain relevant documents and receipts;
• provide information to the Public Guardian;
• obtain caution or another form of security;
• seek approval before particular transactions; or
• submit evidence showing that the authorised action was completed properly.

Where the order authorises the purchase or sale of accommodation, the Public Guardian’s consent to the price is generally required.

The intervener cannot receive payment for exercising financial intervention-order powers, although reasonable outlays may be recovered from the adult’s estate.

Welfare intervention orders

A local authority is not automatically required to supervise every welfare intervener in the same way that it supervises a private welfare guardian.

However, the sheriff may direct the local authority to supervise a welfare intervener. Local authorities also have duties to provide information and advice and to investigate circumstances in which an adult’s welfare may be at risk.

The Mental Welfare Commission may also have relevant protective and investigative functions, particularly where the adult’s incapacity arises because of mental disorder.

Legal aid and court costs

Applying for an intervention order can involve:

• solicitor’s fees;
• court fees;
• medical-report fees;
• suitability-report costs; and
• caution or security costs in relevant financial cases.

Civil legal aid may be available, but the rules depend on the type of order being requested.

For certain intervention-order applications involving welfare powers, the applicant may not need to undergo the usual financial-eligibility assessment. The application must still satisfy the relevant legal-aid merits and procedural requirements.

Applications involving only financial powers are generally treated differently and may require a financial assessment based on the applicable rules.

Mixed or complex applications can be less straightforward. Families should obtain advice from a Scottish solicitor experienced in adults-with-incapacity law or check the current requirements with the Scottish Legal Aid Board.

Legal aid should never be presented as automatic simply because welfare powers are included.

Intervention order versus guardianship

The basic distinction is:

Intervention order

• authorises a specific action or decision;
• is limited to the wording of the order;
• does not normally provide continuing decision-making authority; and
• is appropriate when ongoing management is unnecessary.

Guardianship order

• provides continuing authority;
• may cover specified welfare, property or financial matters;
• remains in place for the period ordered by the sheriff; and
• is appropriate when repeated or ongoing decisions are required.

The distinction is useful, but the correct option depends on what must happen after the immediate decision.

A supposedly “one-off” action may create ongoing responsibilities that require broader authority.

Choosing the appropriate legal mechanism

What needs to happen?	Possible legal mechanism	Important qualification
Sell one identified property	Financial intervention order	Continuing authority may be needed to manage the sale proceeds.
Access straightforward funds for bills	Access to Funds Scheme	May be less restrictive than applying to court.
Manage pensions, accounts and bills continuously	Continuing attorney or financial guardianship	Depends on whether a valid power of attorney already exists.
Make one specific welfare decision	Welfare intervention order	The exact decision and power must be clearly defined.
Make continuing accommodation and care decisions	Welfare guardianship	Only the powers specified by the sheriff may be exercised.
Authorise ordinary non-emergency medical treatment	Section 47 certificate	An intervention order is not routinely required.
Resolve a complex or disputed treatment issue	Part 5 dispute procedure, intervention order or other court process	Specialist legal advice may be required.

Why this matters in healthcare

Healthcare professionals may encounter intervention orders during:

• complex discharge planning;
• decisions about accommodation;
• care-home funding;
• property transactions affecting care;
• disputed welfare decisions; or
• unusual treatment decisions requiring specific authority.

Staff should check:

• that the order has been registered;
• the identity of the intervener;
• the exact action or decision authorised;
• any conditions or restrictions;
• whether the power has already been exercised; and
• whether the current decision actually falls within the order.

An intervention order concerning finances does not automatically provide welfare or healthcare authority. Likewise, a welfare intervention order does not provide general control over the adult’s money.

Student nurses should not attempt to interpret complex court orders independently. If an intervener’s authority is unclear, raise it with the registered nurse or professional coordinating the person’s care.

A useful placement rule is:

One order. One defined job. Check the wording before anyone acts.

References

Mental Welfare Commission for Scotland (n.d.) Adults with Incapacity Act. Available at: https://www.mwcscot.org.uk/law-and-rights/adults-incapacity-act

Office of the Public Guardian (Scotland) (n.d.) General guidance notes for financial interveners. Available at: https://www.publicguardian-scotland.gov.uk/docs/librariesprovider3/intervention-order/pdf-documents/general-guidance-for-financial-interveners.pdf

Office of the Public Guardian (Scotland) (n.d.) Guardianship and intervention orders: Frequently asked questions. Available at: https://www.publicguardian-scotland.gov.uk/guardianship-orders/faqs

Scottish Government (2011) Adults with Incapacity (Scotland) Act 2000: Code of Practice for persons authorised under intervention orders and guardianship orders. Available at: https://www.gov.scot/publications/adults-incapacity-scotland-act-2000-code-practice-persons-authorised-under-intervention-orders-guardians/

Scottish Government (2013) Guardianship and intervention orders: Making an application,A overview for carers. Available at: https://www.gov.scot/publications/adults-incapacity-scotland-act-2000-guardianship-intervention-orders-making-application-overview-carers/

Scottish Legal Aid Board (n.d.) Adults with Incapacity. Available at: https://www.slab.org.uk/guidance/adults-with-incapacity-awi/

Scottish Parliament (2000) Adults with Incapacity (Scotland) Act 2000, s.53. Available at: https://www.legislation.gov.uk/asp/2000/4/section/53