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access to funds

Where you require to access and manage funds belonging to an incapable adult who cannot grant authority for such access because they lack mental capacity you may require to submit an application to access the funds. Applications can be made directly to the Office of the Public Guardian and can be made by an individual, local authority or other organisation.

access to funds
& power of attorney lawyers scotland

This procedure for accessing funds is only appropriate when the incapable adult’s financial affairs are straightforward, such as payment of household expenses, i.e. gas or electricity bills, food, clothing and so on. The application also allows a request for a fixed sum of money to settle any current debts or enable the purchase of particular items the adult needs. Where the incapable adult’s affairs are more complicated, for instance if they have investments or issues arise with their heritable property, it may be a more appropriate course of action to consider applying for an intervention order or guardianship order.

When making the application, you require to include with your application accompanying evidence, for example bills or invoices, in accordance with the funds being requested in the application. The application should also be signed off by an individual who has known the applicant for more than one year prior to the date of the application. Such individual will sign in agreement that the information provided in the application is true and that they deem the applicant a fit and proper person to access the adult’s funds.

Additionally the application form should include a medical certificate from a licensed medical practitioner which confirms the adult does not have the mental capacity to make decisions regarding their own finances. For advice and assistance in completing the application form please contact one of our offices and a member of the team will be happy to assist you.

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James Morrison

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Louisa Doole

Associate Solicitor

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Linda Kerr

Executry Assistant & Cashier

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May Keen

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Pam Caldwell

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Gillian McCulloch

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