Office of the Public Guardian

Financial provisions of The Adults with incapacity (Scotland) Act 2000 & role of the Public Guardian.

Talk by Debra Allison, Deputy Public Guardian for Scotland.

Majored on the financial provisions of the Act, powers of attorney.

Part of Scottish Courts and Tribunal Service, based in Falkirk. The above Act was one of the first pieces of legislation passed by the Scottish Government. 

5,500 cases handled in 2001, 79,000 cases in 2018-19 therefore growth to 90-95 of a staff.

Role to Register, Supervise, Investigate.

Definition of incapacity : making or understanding decisions, retaining memory of decisions, difficulty communicating decisions.

Incapacity: the law assumes that you are legally capable of making personal decisions.

Powers of attorney 

You need to have capacity to grant a power of attorney.

POA is a contract setting out powers. Most drawn up by a solicitor. 

There are two types - continuing power of attorney, welfare powers can kick in after certification by medical practitioner.

Why make a power of attorney?

It is a good idea, allows you to plan for the future. It does not necessarily have to be an older person. Younger people can on occasions require powers of attorney. 

Person/s appointed should be someone you trust and be able to stand in your shoes. Not always about finance but can be documented to provide fresh flowers, red wine etc. 

Power of attorney can only be used when it has been registered. Costs £79 to register.

Where a POA does not exist, there is a process. Intervention orders tend to be one off action. Guardianship orders can be drawn up by a solicitor involving expensive reports.

Supervising guardians is a longer term relationship. Requires an inventory of estate, a management plan and an annual account so that a review can be carried out. Often the sherriff will ask for a bond against misappropriation. 

Investigation remit.

Only when an adult is incapable and requires medical evidence. Property and financial interests need to be at risk. Debra explained measures that can be a total revocation order, a supervision order or referrals to the police. 

www.publicguardian-scotland.gov.uk