An intervention order is a legal measure under the Adults with Incapacity (Scotland) Act 2000. It gives a named individual the authority to carry out a specific action or actions on behalf of an adult who no longer has capacity to make that decision themselves.
Unlike a guardianship order which provides ongoing, long-term authority, an intervention order is limited to the powers granted by the court. Once the authorised action has been completed, the order comes to an end.
A solicitor is required to assess whether an intervention order is appropriate and to prepare and lodge the application with the relevant sheriff court.
Intervention orders are typically used where:
Where broader or ongoing decision-making authority is needed, a solicitor may advise that a guardianship order is more appropriate. Either way, the initial enquiry will help clarify the right route.
A financial intervention order may be appropriate where a specific financial action needs to be taken and the adult can no longer consent to it.
Common examples include:
A welfare intervention order may be appropriate where a specific care or medical decision needs to be made and the adult lacks capacity to consent. Common examples include:
In many situations, the right answer is not immediately obvious. A solicitor experienced in adult incapacity law will assess the circumstances and advise on whether an intervention order is sufficient — or whether a guardianship order is required.
If you are unsure which applies to your situation, submit an enquiry and the solicitor will clarify this at the initial consultation.
Intervention orders are generally faster to obtain than full guardianship orders, because the scope of the application is more limited. Timescales vary depending on the relevant sheriff court and the complexity of the matter.
Your solicitor will give you a realistic indication of timescales once they have reviewed the application. Where the matter is urgent, your solicitor can advise on whether any expedited process is available.
The cost of an intervention order application depends on the nature of the order and the work required to prepare and present it to the court.
For welfare intervention order applications, Legal Aid is automatically available - meaning legal costs are covered without a means test.
For financial intervention order applications, costs depend on the complexity of the matter. In many cases where a significant financial transaction is involved (such as a property sale). The costs can be met from the adult's own estate once the order is in place.
Your solicitor will confirm likely costs at the first consultation, before any work begins and before you commit to anything.
An intervention order is a court order under the Adults with Incapacity (Scotland) Act 2000 that allows a named individual to carry out one specific action, or a defined set of actions, on behalf of an adult who no longer has capacity to make that decision themselves. Unlike guardianship, it does not provide ongoing authority.
An intervention order is limited to a specific action or decision and comes to an end once that action has been completed. A guardianship order provides ongoing authority over financial affairs, welfare matters, or both. A solicitor can advise which is appropriate based on the circumstances.
Yes. An intervention order application must be lodged at the sheriff court and requires a solicitor to assess whether it is appropriate and to prepare the court application. This is not something that can be done without legal representation.
Legal Aid is automatically available for welfare intervention order applications, meaning legal costs are covered without a means test. For financial intervention orders, costs depend on the complexity of the matter and in many cases can be met from the adult's own estate once the order is in place.
Intervention orders are generally faster to obtain than full guardianship orders because the scope of the application is more limited. Timescales vary depending on the relevant sheriff court and the complexity of the matter. Your solicitor will give a realistic estimate once the application has been reviewed.
Yes. A financial intervention order can authorise the sale of a property on behalf of an adult who lacks capacity to consent to the transaction. This is one of the most common reasons families apply for an intervention order.
An intervention order comes to an end automatically once the authorised action has been completed. If circumstances change before the action is completed, the order can be varied or recalled by the court. A solicitor can advise on this.
In some cases, yes. If a Power of Attorney is in place but does not extend to the specific action required, an intervention order can be used to fill that gap. A solicitor will confirm whether this applies to your situation.