Public Guardian's fees to increase

 All fees payable to the Office of the Public Guardian will increase from 22 September 2015, under the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2015. The regulations (SSI 2015/260) contain three separate tables, covering respectively the periods from 22 September 2015 to 31 March 2016; 1 April 2016 to 31 March 2017; and 1 April 2017 onwards.

The OPG is also putting a new structure in place during the first half of September, including a dedicated guardianship team, to help it meet current and future demands on its service. Direct dial numbers for staff will be affected as a result; enquirers not sure of the new numbers are asked to contact the switchboard on 01324 678300 to ensure they reach the appropriate team and staff member.

The visible changes are around early intervention with the potential financial guardian. This will start when OPG receives notification of a new guardianship application and before preparation of written observations to court. The following changes to OPG's processes will be made.

OPG will:

1. Write to the solicitor and potential guardian to request that its contact information form is completed. This will help OPG to contact the potential guardian.
2. Discuss with the potential guardian the role of the guardian to ensure they are clear as to what will be expected of them once the order is granted.
3. Provide observations to court and incorporate new information on:

• whether contact has been made with the potential guardian – and if not why not; particular reference will be made if this results from any failing on the potential guardian’s part;
• whether the potential guardian is aware of their ongoing responsibilities;
• whether, or not, OPG feels the potential guardian has understood their responsibilities;
• whetherOPG has any reservations about the potential guardian being appointed.

The purpose of these changes is to ensure the responsibilities of the role are understood by the potential guardian and to give an indication of the guardian’s willingness and ability to act and co-operate with OPG. Investing time early in the process will help speed later administration of the case.

To assist solicitors and guardians, a checklist of matters to discuss with any potential guardian has been prepared. This along with a copy of the new contact information form will be available from the OPG's website.

In addition to the above, a stricter application of the time requirement for the submission of the inventory of estate form and management plan will now be applied. Both forms will be due no later than three months after the date OPG issues the guardian’s certificate.

OPG is dedicated to delivering the highest possible standard of service and will continue to review and change how it does things to ensure effective service.

For further information or any enquires regarding the new organisational restructure, please email opg@scotcourts.gov.uk