Navigating the challenges of incapacity can be daunting, whether it’s due to health issues, ageing, injury, or a medical condition affecting decision-making. When a person becomes unable to make decisions for themselves (incapax), legal intervention may be necessary.
An elderly relative with dementia or a young person injured in an accident may struggle with managing finances or living independently. While we hope these situations never arise, anyone could find themselves in similar circumstances.
Having a Power of Attorney is crucial if someone over 16 loses decision-making capacity. Without it, important decisions cannot be made on their behalf. In cases where legal intervention is needed, seeking a Guardianship Order or Intervention Order through the courts becomes essential.
When is a Guardianship or Intervention Order necessary?
Guardianship or Intervention Orders become necessary when an adult over 16 lacks capacity to understand information, make decisions based on that information, act upon decisions, or remember their choices. These orders enable someone to act on behalf of the individual in situations like dementia, brain injury, mental illness, or learning disabilities.
Intervention Orders are temporary measures for short-term decisions, while Guardianship Orders grant long-term powers for financial and welfare matters tailored to the individual’s needs.
Civil Litigation