If you lose the capacity to make decisions for yourself and you have not put in place a “Power of Attorney” to allow a trusted advisor to act on your behalf, your family may have to seek an Intervention Order or a Guardianship Order.
An Intervention Order applies to a specific issue – perhaps there is property that needs to be sold or arrangements need to be made to help you into a nursing home.
A Guardianship Order applies to ongoing issues and allows a trusted advisor to act for you on an ongoing basis. It is a court imposed version of a Power of Attorney.
An application for either an Intervention Order or a Guardianship Order can be a long and complicated process. If you are in a situation where you need either an Intervention Order or a Guardianship Order for somebody close to you, you will have to apply through the Sheriff Court. There are a number of steps you need to follow and you will need to obtain medical and other reports to the effect that the person in question can’t act for themselves and that the applicant is the most suitable person to act as guardian for them.
At Wallace Quinn, we can work with you throughout the process to achieve a working solution. We can also help you put in place a Power of Attorney so that if the time comes, your trusted advisor doesn’t have to go through the same complicated process.
Whatever your needs, we are here to help. Contact us to find out more.