Access to Funds: don't overlook the option

The Access to Funds Scheme allows an individual, local authority or organisation to apply for authority to access and manage funds belonging to an incapable adult.

Where an incapable adult's financial affairs are relatively straightforward it might be worth considering the scheme rather than a guardianship order. The application is made directly to the Office of the Public Guardian (OPG).

For clients who would like a solicitor to prepare the application, the OPG has agreed that a one-off capped fee of £330 inclusive of VAT but excluding outlays can be claimed from the adult's funds. Any costs above that amount should be negotiated with the client.

When deciding on the best course of action, you should consider the principles of the Adults with Incapacity (Scotland) Act 2000 and more specifically consider which would be the least restrictive option.

More information on how to apply for Access to Funds can be found on the OPG's website.

www.publicguardian-scotland.gov.uk/access-to-funds