Sometimes adults are no longer able to take control of their own financial and legal affairs. This could be a result of:
- physical or mental disability
- ill health
- degenerative conditions such as dementia
The Scottish Government introduced the Adults with Incapacity (Scotland) Act 2000, enabling relatives, carers and organisations to administer another person's financial and legal affairs on their behalf.
Granted by a sheriff at court, this allows the appointee to do certain one off things such as:
- signing legal documents
- selling the person's house
- signing forms agreeing where someone can live
The Health and Social Care Partnership can assist help with applications for an intervention order.
Granted by a sheriff at court, this the appointee to make ongoing financial and/or welfare decisions for an individual such as:
- paying for bills
- making ongoing decisions about a person's care
The Health and Social Care Partnership can assist with making an application for a guardianship order.
If the person is unable to administer their benefits, the DWP can appoint someone to act on their behalf. This is usually a relative or friend but can be an organisation such as a care home or solicitors firm. The Health and Social Care Partnership can assist with making an application for a Corporate Appointee.
Access to Funds/Intromission of Funds - Office of the Public Guardian
This allows the adult's account to be used for everyday living expenses and can be used to make payments and set up Direct Debit arrangements for utility bills, rent, council tax, care fees etc.
The Health and Social Care Partnership can only make an application to act on behalf of the adult for Access to Funds/Intromission of Funds in exceptional circumstances, where no other responsible carers or relatives are available.
Power of Attorney (POA)
The adult can only apply for a POA if they have capacity to manage their own affairs. A POA is a document that allows a nominated person to make decisions about money or property (Continuing Power of Attorney) in the event of the adult's incapacity in the future. To make decisions about health or personal welfare a (Welfare Power of Attorney) is required.
The Health and Social Care Partnership can't make an application to act on behalf of the adult for a POA but can offer guidance on how to apply. Application is usually through a solicitor.
Where to get help
If you are in receipt of assistance from the Health and Social Care Partnership, contact your local office.
If you are not in receipt of assistance from the Health and Social Care Partnership, contact:
The Office of the Public Guardian (In Scotland)
Callendar Business Park
Falkirk, FK1 1XR
Tel: 01324 678300