Organization : Public Guardian in Scotland
Type of Facility : Applications To Access The Funds
Country: Scotland
Website : http://www.publicguardian-scotland.gov.uk/access-to-funds
Applications To Access The Funds :
Access to Funds:
This is a procedure which allows an individual, a local authority or another organisation to apply for authority to access and manage the funds belonging to an incapable adult.
Related : Public Guardian Scotland EPOAR Electronic Power Of Attorney Registration : www.statusin.org/9240.html
The scheme would be suitable when the adult’s financial affairs are simple, e.g. paying for the adult’s day to day expenses such as gas, electricity, clothes, toiletries, food etc. It can also be used to request a lump sum to pay off any existing debts or to purchase specific items required by the adult.
Applications to access the funds belonging to the adult are made directly to the Public Guardian.
Access to funds would not be suitable if the adult’s affairs are more complex, e.g. where there are investments or there are heritable property concerns. An intervention order or guardianship order might be more appropriate, depending on the circumstances.
If you are thinking about making an application to access only state benefits or a state pension, then the access to funds scheme is not necessary. It is possible to access these type of funds under the Department of Work and Pensions (DWP) appointee arrangement.
When deciding on the more appropriate course of action you should take into account the principles of the Act, including that of the least restrictive option.
What you need to know before applying
The access to funds scheme would be suitable when the adult’s financial affairs are simple, e.g. paying for the adult’s day to day expenses such as gas, electricity, clothes, toiletries, food etc. It can also be used to request a lump sum to pay off any existing debts or to purchase specific items required by the adult.
Here is a summary of what’s involved to help you get started
Information you will need to have to hand:
Before thinking about making an application you will need to have information about the adult’s day to day needs, for example toiletries, clothing, food, utility bills. You should be starting to think about how much needs to be budgeted for.
You will also need to have information about the adult’s account, for example:
** that it is held in the adult’s sole name;
** details of the account number and sort code;
** the type of account held e.g. current account. Check with the bank / building society that the account is suitable for the access to funds scheme.
If you do not have sufficient information about the adult’s bank / building society account, you can make an application to us using form request information. This could allow you to find out:
** where the account is held;
** the account details;
** the balance of funds in the account; and
** any other information needed to allow you to decide if the access to funds scheme is suitable.
Who can apply?:
An individual such as a relative or friend, a local authority or an other organisation may apply to access the funds belonging to an incapable adult.
Organisations wishing to apply will have to provide information in our form to show that they are fit and proper to operate under the scheme. This form must be submitted along with your first application to access the funds belonging to an incapable adult.
A Guide for Organisations is available for those that have demonstrated they are fit and proper to operate the access to funds scheme. This is a good practice guide relating to the various aspects of the scheme.
How to apply?:
You will need to complete our application form. You will normally be required to submit supporting evidence such as bills/invoices for the amounts being requested in the application. It is necessary for the application to be countersigned by a person who has known the applicant for at least 1 year prior to the date of your application. The person who countersigns is confirming that the information in the application is true, and that you are a fit and proper person to access the adult’s funds. The application must be sent to us within 14 days of the person countersigning the application.
In addition to the above, the application form needs to be accompanied by a medical certificate. A registered and licensed medical practitioner, such as a GP or a specialist in a mental disorder may complete the statutory certificate. This is required to confirm the adult is incapable of making decisions about, or acting to safeguard, their funds. The application, medical certificate and our fee should all be sent to us at the same time.
A worked example of a completed application is available for information. Contact us if you need any further assistance in completing the form.
Can more than 1 person apply?:
It is possible for more than 1 person to be given the authority i.e. you can apply to act jointly with someone else. It is also possible to appoint a substitute, who can take over the authority if you are not able to do so.
When making your application, make sure:
** you enclose the correct fee with the application.
** the adult has an account in their sole name.
** the application is submitted within 14 days of countersignature.
** the correct medical certificate is attached to the application.
** the sums requested add up to the total shown and the frequency is clear.
** the applicant and countersignatory have initialled any changes made to the form.
** any request for a lump sum payment is supported and evidenced by invoice/receipts.
What happens after I submit my application?:
When we receive the application we will check it over and look at any supporting information you have provided. We will contact you if we need any further clarification or evidence. Once we are satisfied with the application we have a responsibility to send a copy of this to the adult and interested parties. This gives the interested parties an opportunity to consider the terms of the application and tell us if they wish to object. Objections must be made in writing to us within 21 days. If there are no objections we will issue a certificate of authority.
If an objection is made we will let you know and will make further enquiries to gather information before coming to a decision. If we intend to refuse your application we will advise you in writing and let you know the time period to object to our proposed refusal.
Why would I object to an application?:
The Public Guardian is required to give notification of the application to interested parties including the adult. Those notified have the right to object to the application.
There are a number of reasons why you might object, e.g.:
** you might think the individual who has applied is not a suitable person or you know that the adult is capable of managing his or her own financial affairs.
** the amounts being asked for in the application form are not realistic.
** there may be another less intrusive way of managing the adult’s money or you might consider that the arrangements already in place meet the adult’s needs satisfactorily.
** You may be aware of the adult’s past or present wishes about how their finances are managed and want them to be taken into consideration by the Public Guardian.