How to apply to access funds

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 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.

You will need to complete the application form ATF2. 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 application. This means that 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.

A worked example [link] of a completed application is available for information. If you need any further assistance in completing the form, contact us.

It is possible for more than one person to be given the authority i.e. you can apply to act jointly with some one else. It is also possible to appoint a substitute, who can take over the authority if you are not able to do so.

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 people involved. 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.

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.

All objections must be made in writing. You should give as much information as you are able and, where possible, enclose any relevant supporting documentation. We must receive your objections within 21 days from the date we write to you. We will provide you with more information when we receive your objection. It may be necessary to hold a hearing to obtain more information.

The Public Guardian may decide to hold a hearing if an objection is received. We can hold a hearing over the phone, by letter or it may be more appropriate for a meeting to take place face-to-face. Normally such a meeting will take place in our offices in Falkirk. However, in exceptional circumstances it might be possible to arrange a meeting elsewhere.

The purpose of a hearing is to give interested parties the opportunity to provide additional, relevant information and for the Public Guardian to ask any further questions.

A letter will be issued inviting the person making the objection to attend. If you receive a letter asking you to attend a hearing in person and the date and time is not suitable, please let us know as soon as possible so that alternative arrangements can be made.

Please do not worry if you are asked to attend a hearing; remember the main purpose of holding a hearing is to help determine what best serves the interests of the adult concerned. It is important however, that you can give as truthful and complete account as you are able.

The Public Guardian may instruct that other relevant people to attend the hearing. This might include, for example, social workers, mental health officers, GPs or anyone else whom the Public Guardian considers has an interest.

A decision will not be made on how the case will proceed at the hearing itself. You will be contacted about this later.

You can submit any evidence, documentary or otherwise, that you think will support your case.

No. However you may want to seek legal advice and your solicitor can attend if you think that this is necessary. Please let us know if your solicitor will be attending with you. You should be aware that you will have to meet your own legal expenses.

The Public Guardian will make a decision based on all the information and evidence presented.

The decision will be to:

• grant the application; or
• give the applicant an opportunity to object to any proposed refusal; or
• remit the application to the Sheriff for a decision.

You will be informed of the outcome in writing.

You can appeal the decision to the Sheriff. The letter we send you will tell you how to go about this.