Intervention Order Scotland
What an Intervention Order Does
An Intervention Order is a one-off legal authority granted by a Scottish Sheriff Court under Section 53(1) of the Adults with Incapacity (Scotland) Act 2000. It authorises someone to carry out a single, specific action on behalf of an adult who has lost mental capacity — then it dissolves automatically once that action is complete.
The most common trigger is selling a parent's house to fund care home fees when no Power of Attorney is in place. Other uses include signing a specific care home contract, completing a financial transaction, or resolving a single legal matter that the incapable adult cannot handle themselves.
Intervention Order vs Guardianship
Both routes require Sheriff Court approval, the same three statutory reports, and broadly similar costs. The difference is scope and duration:
| Intervention Order | Guardianship Order | |
|---|---|---|
| Scope | One specific action | Broad, ongoing authority |
| Duration | Dissolves when the action is complete | Typically granted for 3 years (renewable) |
| Ongoing obligations | None after completion | Annual accounts, Bond of Caution, OPG supervision |
| When to use | Single transaction (house sale, one-off contract) | Managing finances and/or welfare decisions long-term |
If your family only needs to sell the house and the parent's other affairs are manageable without formal authority, an intervention order avoids the ongoing compliance burden of a full guardianship. If the parent needs someone to manage bank accounts, pay bills, consent to medical treatment, and handle care decisions for the foreseeable future, guardianship is the appropriate route.
In practice, solicitors often advise applying for a guardianship order even when the immediate need is a single transaction. The reasoning: if the parent's condition is degenerative, you will likely need broader powers within months, and a second court application means a second set of medical reports, court fees, and legal costs.
The Application Process
The procedure mirrors a guardianship application:
1. Instruct a solicitor. The applicant contacts a private client solicitor experienced in Adults with Incapacity work. Legal aid is available for intervention orders — the solicitor submits an application under category code AISAW, and if welfare elements are involved, the civil legal aid stage is non-means-tested.
2. Obtain three statutory reports. All three must be based on examinations or interviews conducted no more than 30 days before the court filing:
- Medical Report 1 (Form AWI 1): From the parent's GP, certifying cognitive incapacity. Fee: £150–£250.
- Medical Report 2 (Form AWI 1): From a consultant psychiatrist, confirming clinical incapacity. Fee: £200–£350.
- Suitability Report (Form AWI 2): From a local authority Mental Health Officer (MHO), assessing the applicant's suitability. The council provides this at no charge, but has a statutory 21-day allocation period.
The 30-day window is the hardest part to manage. If any report expires before filing, that professional must re-examine the adult and issue a fresh report. Experienced solicitors coordinate the timing so all three reports are completed within the 30-day window.
3. File with the Sheriff Court. The solicitor lodges a Summary Application specifying the exact action requested — for example, "authority to sell the heritable property at [address] and apply the proceeds toward residential care costs." Court filing fee: £176.
4. Service and hearing. The Sheriff Clerk schedules the hearing and directs the applicant to serve formal notice on the incapable adult, the nearest relative, the primary carer, and OPG Scotland. If no one objects, the Sheriff typically grants the order at a short hearing.
5. Execute the action. Once the order is granted and registered with the OPG (£110 fee), the applicant carries out the specific authorised transaction. The order then ceases to have effect.
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Costs
A straightforward intervention order typically costs:
- Solicitor fees: £1,500–£3,000 plus VAT
- Court filing fee: £176
- GP medical report: £150–£250
- Psychiatrist report: £200–£350
- OPG registration: £110
- Land Register recording dues (if property involved): £80
Total: approximately £2,200–£4,000, plus VAT on solicitor fees — comparable to the initial cost of a guardianship, but without the recurring annual expenses.
When an Intervention Order Is Not Enough
If your parent's incapacity is progressive and you anticipate needing ongoing decision-making authority, an intervention order leaves you without cover the moment the specific transaction completes. Our Scotland Power of Attorney & Guardianship Kit covers both pathways — including how to assess whether an intervention order or full guardianship is the right fit for your family's situation.
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