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Intimation of Guardianship Applications during COVID-19, Whilst the Government restrictions remain in force, both the Office of the Public Guardian, and The Mental Welfare Commission’s (MWC) offices remain closed to the public. If you require to intimate a guardianship application on OPG, it can be sent in the normal way as we are still receiving mail, alternatively it can be emailed to opgorders@scotcourts.gov.uk If you require to intimate a guardianship application on the MWC, please be advised that their offices are closed
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Investigation referral forms, When sending a referral for an investigation to be considered, please send your referral form to POA-INV@scotcourts.gov.uk Our webpage provides more information on the investigation remit and when we can get involved
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Schedule 3 - income pensions, Search Schedule 3 – Income ; pensions, benefits, annuities etc. List all pensions, benefits and annuities received during the period These payments are usually constant over a period, Remember to tell us about the individual payment amounts and frequency You must send evidence
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Public Guardian’s ½ day seminars - Inverness, Sandra McDonald, Public Guardian will be providing ½ day seminars in Inverness on 30th & 31st August 2016. The seminars will focus on: New OPG Professional Guardians Scheme United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) Delayed Discharged pilot Graded Guardianship Adults with Incapacity Consultation Deprivation of Liberty See the agenda for more information. To reserve a place please e mail Brian Weddell, Policy Director, cpp Seminars Scotland
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People involved, involved Here is a description of the people who can be involved in a power, of the registered PoA. (This copy is for information purposes only and should not be used by the attorney when exercising powers). Further information Code of Practice Power of Attorney top tips
People, involved, power of attorney, PoA People involved in a Power of Attorney
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Simplified accounts threshold increased to £30,000, The threshold for simplified accounts has been
increased to £30,000. A simplified account applies when the adult’s
estate is less than £30,000. In this type of accounting we are looking for
financial guardians to provide general, low level information. When the adult’s estate is over £30,000 more detailed information will
be required and the standard full account form should be completed
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Fees payable to the Public Guardian to increase on 1 April 2024, Customers are notified that fees payable to the Public Guardian will be increasing. Please refer to Schedule 3 for the list of fees payable from 1st April 2024. Key points to note: The fee to submit a power of attorney document for registration will increase to £87 Registration fees for intervention or guardianship orders will increase to £97 Registration fees for access to funds (Part 3) also increaseFurther information is available on the fees webpage
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How the Public Guardian will interpret words and phrases in Powers of Attorney, We are aware of a number of instances where uncertainty has been caused by the way in which certain powers of attorney have been drafted, in particular where there is more than one attorney appointed and what is to happen if an attorney resigns, loses capacity or dies. Questions have arisen as to the operation of such powers of attorney, and also in which circumstances they come to an end, has capacity, meaning it cannot be amended to accurately reflect the granter’s intention. In light
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Adults with Incapacity Scotland Act, or effecting the intervention to have an interest in the welfare of the adult or the proposed intervention, with Incapacity (Scotland) Act 2000 The Adults with Incapacity (Scotland) Act, a range of options to help those who are or may become incapable of looking after their own financial, There shall be no intervention in the affairs of an adult unless it will benefit the adult, and the benefit cannot be reasonably achieved without the intervention. Take account of the wishes
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Case Study 2 - Investigations - Office of the Public Guardian, attorney Information ascertained Adult confirmed as being incapable of dealing with his financial affairs Adult has been in hospital for approximately 2 years and as such does not incur any form, view The attorney did not appear to be acting in the best interests of the adult in this instance, is now receiving the benefit of his income, consequently the investigation has now concluded.
, Study 2 Concern raised by local authority Initial concern – key points Adult