The Adults with Incapacity (Scotland) Act 2000 is an Act of the Scottish Parliament to make provision for the property, financial affairs and personal welfare of adults who are incapable by reason of mental disorder or inability to communicate.
If the incapacitated adult needs help with a single transaction, such as selling a house, the Sheriff can grant an applicant an Intervention Order. This gives them the right to make that decision but not any other decision. A Bond of Caution may be required to guarantee the obligations of the intervener.
However, if the adult needs help with many decisions, then an applicant can request the sheriff to grant a Guardianship Order. This will allow the person to become Guardian and help the adult with decisions all the time.
All decisions made on behalf of an incapacitated adult must:-
- Benefit the adult
- Take account of the adult's wishes and the wishes of the nearest relative or primary carer and any guardian or attorney
- Restrict the adult's freedom as little as possible while still achieving the required benefit
- Encourage the adult to use existing skills or develop new skills
A Bond of Caution will normally be required to guarantee the obligations of the Guardian / Intervener.
Guardians / Interveners should obtain their own independant legal advice on their duties / obligations.
To apply for a Zurich Guardian / Intervener Bond of Caution, please download our application form, complete and forward together with the supporting documentation requested within.
We aim to respond to all Bond of Caution enquiries within two business days, however, please note that although we try to assist we are not able to offer terms in all cases.
