Guardianship/Intervention Orders, and Incapacity

What would happen if we were unable to manage our affairs because we were physically unable to do so by way of ill-health or mental-incapacity? As the population ages, we are experiencing more instances of cognitive diseases such as stroke, Alzheimer’s and dementia. This has caused an increased number of enquiries regarding Guardianships, which can be a costly and lengthy process of applying to the Court for appointment of a legal guardian/intervenor. A typical guardianship/intervention application can cost a four figure sum and take months to complete. There is also a significant administrative burden on your guardian/intervenor

Life is full of uncertainties, we take out car and home insurance to protect our assets from damage, but we don’t consider what may happen to our assets if we become incapacitated by way of accident, stroke, ill health or old age. A Power of Attorney can grant a trusted individual or individuals the Powers to manage your financial affairs and welfare, should you become incapacitated. But it must be done while you still have capacity to do so.

If you become incapax without a Power of Attorney in place, then an individual must apply to the Court (at significant expense) to be granted the powers to manage your affairs. 

If your loved one has become incapax and you require advice in connection with a guardianship or intervention order, the team at James Thomson & Son can assist you throughout the process. From the initial consultation, through preparation of the Initial Writ, appointment of the MHO (Mental Health Officer), acquisition of Medical Reports, Application to the Court, Appointment, obtaining Caution (insurance), administrative tasks, and assisting the Guardian in preparation of an Inventory and Management Plan we can guide you throughout the journey and provide advice along the way. 

 James Thomson & Son always offers a personal approach and once you instruct us to deal with your matter, you will be assigned a specific named person who will deal with your transaction and with you as the matter progresses. You can be confident that if you instruct us and your solicitor is unavailable for any reason, that there will be always be another team member who can help you deal with your matter as soon as possible.

Give the James Thomson & Son team a call on 01592 268 575 and we can discuss your needs 
Power of Attorney
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James Thomson & Son were meticulous and supportive when we sold our home. It was the first time selling for us and they made us feel really comfortable with the process.

Mr McDonagh

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We love to listen, so please get in touch and we'll do what we can to help.


01592 268 575


01592 642082



51A High St, Kirkcaldy KY1 1LJ

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51A High Street, Kirkcaldy, Fife KY1 1LJ
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