If an adult loses capacity to do things for themselves, the local court can grant an Intervention Order appointing and authorising somebody to act on behalf of the incapacitated adult. An Intervention Order will be sought usually for a particular matter to be dealt with. For example, a property may need to be sold and a signature is required on the legal document transferring ownership. The Intervention Order will only give authority for those matters to be completed.
If, on the other hand, ongoing management of the adult’s affairs is required then a Guardianship Order should be obtained. This Order is more suitable if the adult will have long term needs. The Guardianship Order will appoint a Guardian to look after the adult’s affairs on a continuous basis. Both Orders can be granted to authorise somebody to be responsible for property and financial concerns, or matters relating to the personal welfare of the adult, or the Order can cover both areas of responsibility.
An application for either one of these Orders can be a long and complicated process. At Cavers & Co, we will deal with the whole process for you in a friendly, efficient and sensitive manner. Legal Aid is available in the majority of cases and is automatically granted for welfare guardianship applications.
Further information can be found on our website here: Advice for Older People
