Applying for a guardianship or intervention order: guide for carers

Appendix 3 EXAMPLES

Mr Robert Smith, 3 Birch Avenue, Anytown, son of Mrs Ann Smith, Pursuer

I crave the court to grant an order under section 57 of the Adults with Incapacity (Scotland) Act 2000 appointing me as guardian with powers relating to the personal welfare and property and financial affairs of Mrs Ann Smith. In particular I seek the following powers:

Powers relating to personal welfare

• to decide where Mrs Smith should live
• to have access to confidential documents or information relating to Mrs Smith where she would have access to such documents or information on a personal basis
• to consent or withhold consent to medical treatment

Powers relating to property and financial affairs

• to have vested in me the right of Mrs Smith to deal with, convey or manage the heritable property at 2 Rowan Drive, Anytown^[2]
• to open, close and operate any account containing Mrs Smith's funds
• to claim and receive on behalf of Mrs Smith all pensions, benefits, allowances, services, financial contributions, repayments, rebates and the like to which Mrs Smith may be entitled: and to vary or appeal arrangements
• to deal with Mrs Smith's income tax
• to obtain and pay for any goods or services which are of benefit to Mrs Smith

STATEMENTS OF FACT

1. I seek appointment as guardian with the powers set out above in respect of the following adult:

Ann Smith
2 Rowan Drive
Anytown

2. I am Mrs Smith's nearest relative. Her primary carer is Anyshire Council. My sister has an interest in this application. Her details are:

Mrs Joan Wilson
6 Laburnum Terrace
Anytown

3. Mrs Smith is an eighty year old widow who lives on her own. She has emphysema and has suffered a series of strokes which have left her with difficulties in walking and caring for herself. She is also affected by the onset of dementia. Anyshire Council has been monitoring Mrs Smith's welfare for the past 5 years and a package of support for her in her home has been in place for that time. Mrs Smith is now frequently confused and disorientated and she regularly forgets to take the medicine she needs. In my view, her needs have become complex and unpredictable and they cannot be met if she continues to live alone. As a result of mental disorder, she lacks the capacity to decide where she should live and what care and medical treatment she should receive and she is unable to manage her finances. I have therefore decided to seek appointment as my mother's guardian.

4. My application is supported by the attached reports, as required by section 57(3) of the Act:

• report by Dr XX of an examination and assessment of Mrs Smith, carried out on
• report by Dr YY, who is a medical practitioner approved for the purpose of section 20 of the Mental Health (Scotland) Act 1984, of an examination and assessment of Mrs Smith, carried out on ......................................
• report by Mr Arthur Brown, Mental Health Officer, Anyshire Council based on an interview with and assessment of Mrs Smith on

Anytown (signed) Robert Smith Date or Robert Smith's Solicitor

Mr James Wilson, Care Manager, Anyshire Council, Council Offices, Anytown, Pursuer

I crave the court to grant an intervention order under section 53 of the Adults with Incapacity (Scotland) Act 2000 authorising Mr Robert Smith, 3 Birch Avenue, Anytown to take the following action in relation to the financial affairs of Mrs Ann Smith.

• to sell the heritable property belonging to Mrs Smith at 2 Rowan Drive, Anytown^[3]
• to invest the proceeds from the sale of this property

STATEMENTS OF FACT

1. I seek an intervention authorising Mr Robert Smith to take the action set out above in respect of the following adult:

Ann Smith
2 Rowan Drive
Anytown

2. Mr Smith is Mrs Smith's son and nearest relative. Her primary carer is Sunnyside Nursing Home, Anytown. Mrs Smith's daughter is her welfare guardian. Her details are:

Mrs Joan Wilson
6 Laburnum Terrace
Anytown

3. Mrs Smith is an eighty year old widow. She has emphysema and has suffered a series of strokes which have left her with difficulties in walking and caring for herself. A year ago she left her home at 2 Rowan Drive, Anytown, where she had been living alone, and entered Sunnyside Nursing Home where she has settled in quite well and appears content. It was not clear at that time whether she would be able to return home but she is now also affected by the onset of dementia and is frequently confused and disorientated. She regularly forgets to take the medicine she needs. It is clear from assessment by those involved in her care that she would not be able to return to her home, even with support and she now requires to sell her house to meet the cost of the care which she is now assessed as needing. She does not appreciate that she is now living in a nursing home, believing she is still at home. I have therefore decided to seek authorisation for Mr Smith to sell her house and invest the proceeds.

4. My application is supported by the attached reports, as required by section 57(3) of the Act:

• report by Dr XX of an examination and assessment of Mrs Smith, carried out on
• report by Dr YY, who is a medical practitioner approved for the purpose of section 20 of the Mental Health (Scotland) Act 1984, of an examination and assessment of Mrs Smith, carried out on ............................................
• report by Mr William Scott, of Scott and Scott, Solicitors, High Street, Anytown based on an interview with and assessment of Mrs Smith on

Anytown	(signed) Fiona Jones
date	Anyshire Council
	Solicitor for the Pursuer