Step 3 - outcome

Outcome of the investigation

Once all the evidence, information and interviews have been carried out, we will come to a view as to whether or not the adult’s property and/or financial affairs appear to be at risk. We can put in place safeguards / take action if the adult’s finances and /or property is found to be at risk. However if we consider that there is no risk no further action will be taken.

Action if an adult's estate is found to be at risk

Depending on the circumstances we can put in place various safeguards or take further action as follows:

• Provide advice and guidance to the appropriate parties.
• Contact the bank or building society to freeze the adult's accounts or suspend income until it can be redirected for the benefit of the adult.
• If there is an indication of fraud or theft then the Public Guardian may refer the matter to the police.
• Recommend that an appropriate body or person consider making an application under the Adults with Incapacity (Scotland) Act 2000 for authority to deal with or manage the adult's funds. This could be making an application under the access to funds scheme or for financial guardianship.
• Make an application, or encourage another party to apply to the Sheriff to have a continuing attorney:
• supervised by the Public Guardian
• ordered to submit accounts for audit by the Public Guardian
• have any of the powers they were given revoked / terminated, or
• have their appointment revoked /terminated

Adult's estate found not to be at risk

If it is the view of the Public Guardian that the adult's property and / or financial affairs are not at risk and are being managed suitably and to the adult's benefit, no further action will be taken.

However, advice and guidance may be given, if necessary, to ensure the continued protection of the adult's interests. We may review the situation to ensure that issues have been resolved and that advice or guidance given is followed.

What happens at the end of an investigation?

When an investigation is concluded all relevant parties involved will be advised of the outcome. We will not provide specific details, as the information obtained during the investigation is confidential.

We acknowledge that there will be times when you may be dissatisfied with the decision we reached. If you remain unhappy with the outcome you can refer the matter to the Sheriff.