Adults With Incapacity
Guardianship and Intervention orders
Civil Legal Aid is available for guardianship and intervention orders.
A guardianship order allows someone to make ongoing decisions on behalf of an adult with incapacity, such as paying bills, dealing with bank accounts or making decisions about care and personal welfare matters.
Civil Legal Aid for an intervention order allows a one-off specific action to be completed on behalf of an adult with incapacity.
In some cases the adult may need to pay something towards the cost of the work, and in some cases, there is no cost to the adult.
Applying for funding
The proposed guardian(s) must make the application(s) for funding. A separate application is needed by each proposed guardian. A person opposing an application for guardianship or intervention orders can also apply for funding
The position differs slightly depending on whether the matter is being dealt with under Advice and Assistance or Civil Legal Aid.
Advice and Assistance applies when you first see a solicitor to get advice about whether it is appropriate to seek an application for guardianship or an intervention order.
If you are advised to apply for guardianship or an intervention order then you will then need to apply for Civil Legal Aid, and the cost of making the application can be met under the grant of Advice and Assistance. Details of when a financial assessment is needed are set out below:
- In Advice and Assistance a financial assessment is required in all cases but the assessment is based on the resources of the adult with incapacity. Special arrangements apply to the assessment of the resources of young adults with incapacity who might be entitled to aliment, which can result in the resources of those owing the duty of aliment being taken into account. You should discuss this with your solicitor.
- In Civil Legal Aid an assessment is required when an order is sought, or opposed, only in respect of property and financial matters, but again this is based on the resources of the adult with incapacity
- If an order is sought, or opposed, either only for personal welfare or for both personal welfare and property and financial matters, no financial assessment is required. This applies only to the initial application for such orders and any renewal thereof. Any other proceedings such as a variation of an existing order, or recall of the appointment of a guardian, require a financial assessment as set out above.
If you need more information, please contact:
0131 240 1894