Applying for a guardianship or intervention order: guide for carers

Footnotes

1 Part 5 of the Act provides and qualifies a general authority under which a medical practitioner may give treatment to an adult. Where you have relevant powers, and the medical practitioner primarily responsible for the adult is aware of this, the authority to treat does not apply, except where it has not been reasonable and practicable for the doctor to obtain your consent. However, you should note that, even where you and the doctor agree, the Act gives a right to 'any person having an interest in the personal welfare of the adult' to appeal to the Court of Session about the medical treatment in question.

2 The application should specify each property affected by the order, in such terms as to enable it to be identified in the Register of Sasines or, as the case may be, the Land Register. If title to any given property has been registered in the Land Register of Scotland the only specification necessary will be to give the unique Title Number of the property (which appears on the Land Certificate) but it is likely to be helpful to everyone dealing with the application to give a postal address or similar as well as that number. If title to the property rests on deeds recorded in the Register of Sasines a formal conveyancing description (either a particular description or a description by reference) will be needed and again a postal address is likely to be helpful.

3 The application should specify each property affected by the order, in such terms as to enable it to be identified in the Register of Sasines or, as the case may be, the Land Register. If title to any given property has been registered in the Land Register of Scotland the only specification necessary will be to give the unique Title Number of the property (which appears on the Land Certificate) but it is likely to be helpful to everyone dealing with the application to give a postal address or similar as well as that number. If title to the property rests on deeds recorded in the Register of Sasines a formal conveyancing description (either a particular description or a description by reference) will be needed and again a postal address is likely to be helpful.

4 Scottish Executive: Letters to Chief Social Work Officers 'Interventions under the Adults with Incapacity (Scotland) Act 2000', 30 July 2004 and 29 September 2005.