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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:

If you need more information, please contact:

Wendy Dalgleish
Solicitor
0131 240 1894

 

 


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