FB, Re Incapacity Application [2005] ScotSC 26 (13 May 2005)

The application is granted because the proposed intervention is necessary, complies with the legislation, is for the adult's benefit, and there is no opposition or competing claim.

Citation: [2005] ScotSC 26
Parties: Applicant: F B
Jurisdiction: Scotland
Judgment Date: 13 May 2005
Procedural Posture: Incapacity Application Under Adults With Incapacity (scotland) Act 2000 / Application for Intervention Order
Outcome: Application granted
Legal Topics: Intervention Orders, Authority to Manage Affairs, Adults With Incapacity (scotland) Act 2000

Mental Capacity Law Elder Law Intervention Orders Authority to Manage Affairs Adults With Incapacity (scotland) Act 2000

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Parties

F B

Applicant

Procedural Posture

Incapacity Application Under Adults With Incapacity (scotland) Act 2000 / Application for Intervention Order

Legal Issues

1 Whether the applicant should be authorised to act on behalf of an adult lacking capacity to settle compensation claims and manage related financial affairs

Ratio Decidendi

The application is granted because the proposed intervention is necessary, complies with the legislation, is for the adult's benefit, and there is no opposition or competing claim.

Court Disposition

Application granted

Orders

Applicant authorised to instruct approved solicitors to negotiate and settle compensation claims under the DTI scheme for the adult's benefit.
Applicant authorised to receive and invest settlement funds for the adult.