As your client does not have sufficient capacity, they will be unable to appoint anyone to act on their behalf (under a Power of Attorney) to contract in relation to property. They will also be unable to revise an existing Power of Attorney.
In this case, an application to intervene can be made to the Sheriff court. This can be made by anyone claiming to have an interest in the property, financial affairs or personal welfare of the adult. The Adults with Incapacity Act offers two options:
An intervention order will generally be appropriate for dealing with a single decision or action, or actions requiring a longer timescale provided that the benefit is clear and the outcome can be predicted.
A guardianship order will be appropriate for dealing with property, where there are several issues to be dealt with and more flexibility is needed through time.
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