The Adults with Incapacity (Scotland) Act 2000 authorises a Sheriff to take steps on behalf of a person who has lost capacity to act for himself. The Sheriff must be satisfied that it is appropriate to intervene in the Adult's financial affairs in terms of the principals of the Act. So when can a court intervene in financial affairs?

Our recent case of JM and Mrs JM, is described by the Sheriff as a 'proper' example of this.

In 1997, a couple obtained a loan to purchase their rented property on the understanding that their son would be responsible for making the repayments. Their son did this and also covered the cost of maintaining the property. As a result, the couple were able to live in their home without incurring any financial worries.

Sadly, both parents then suffered from dementia and were in a position that they required residential care. Their house needed to be sold in order to pay for their care. As the couple had not formally secured their son's loan to them, when they had capacity, their son was not able to recover this money when the house was sold. Therefore, the couple's son, supported by his siblings, asked the Court to intervene and allow his parents' financial guardians to grant this security on his parents' behalf.

Detailed vouching and documentation were produced by our solicitor acting for the guardians. In light of this the Sheriff was convinced that it was appropriate to grant the requested powers. The Sheriff was satisfied that the couple would want their son's financial position to be protected.

We have unrivalled experience in dealing with this type of situation. If you, or someone you know, require legal advice for an Adult who has lost capacity please get in touch with our experienced team.