Carers can often find themselves caring for someone who is no longer able to manage their own affairs, like finances, business or property or make decisions about their own care, for example, medical treatment. So that it can be done by the carer, or perhaps someone else who can be trusted to do the job, certain legal steps must be taken. It’s a good idea to seek advice if you are not sure what you will be required to do if you are the person who will be taking on one of these roles.
We ran a workshop on Tuesday 22nd September with the help of Amanda Kerr and Stuart Fowler from the Office of the Public Guardian and Sue Williams, a solicitor with Baird & Co. Carers attending found out about the Adults with Incapacity (Scotland) Act 2000 and how it affects their ability to act on behalf of the person they care for. All those who attended said they found it very interesting and useful and for some it cleared up particular questions they had about their individual circumstances. The main lesson that seemed to come from the day was that each person's circumstances are different and that they should be looked at individually. It was also apparent that putting in place a "Power of Attorney" is a useful thing to do for all of us - it is a safeguard so that if the situation arises where someone is not able to make decisions for themselves then another individual is able to act on their behalf with the proper authority.
Acting on behalf of Adults with Incapacity – what do the terms mean?
Appointees
Someone can be made an appointee for benefits, where the other person is unable to manage their own benefits. This is arranged through the Department of Work and Pensions, and applies only to state benefits.
In the first instance contact the office that deals with the benefit involved.
Power of Attorney
Someone can arrange for their welfare to be safeguarded and their affairs to be managed in the future, should they become unable to do this for themselves. They can do this by giving another person (someone they trust) power of attorney to look after some or all of their property and financial affairs and/or to make decisions about their personal welfare, including medical treatment.
The person giving power of attorney has to be able to understand what they are agreeing to when they give consent.
Power of attorney is a legal document, drawn up by a Solicitor, and has to be registered (since 02/04/01) with the Office of the Public Guardian for it to be effective. Power of attorney does not come in to effect unless the person granting it becomes ill and is unable to manage their own affairs.
Guardianship
If someone is incapable of making decisions, and there is no power of attorney, someone can apply to the Sheriff Court for an Intervention order or a Guardianship order.
An Intervention order is for a one off decision or short-term help e.g. selling property, or signing a document.
A Guardianship order is where continuous management of affairs or safeguarding of welfare is required.
Local Authorities or any person claiming an interest in the person’s affairs may make an application.
Access with funds
Individuals can also apply to the Office of the Public Guardian to gain access to the funds of an adult incapable of managing those funds for example a bank account in the sole name of the adult.
Intervention orders
An intervention order allows another person to make a single, one-off decision for
someone if they are unable to do so themselves (for example: this could be to consent to a having a particular medical procedure). Intervention orders are applied for through the Sheriff’s Court.
Contact Details
For further information from the Office of the Public Guardian you can contact them at:
Office of the Public Guardian (Scotland)
Hadrian House
Callendar Business Park
Callendar Road
Falkirk
FK1 1XR
Telephone number 01324 678300
Email opg@scotcourts.gov.uk.
Appointees
Someone can be made an appointee for benefits, where the other person is unable to manage their own benefits. This is arranged through the Department of Work and Pensions, and applies only to state benefits.
In the first instance contact the office that deals with the benefit involved.
Power of Attorney
Someone can arrange for their welfare to be safeguarded and their affairs to be managed in the future, should they become unable to do this for themselves. They can do this by giving another person (someone they trust) power of attorney to look after some or all of their property and financial affairs and/or to make decisions about their personal welfare, including medical treatment.
The person giving power of attorney has to be able to understand what they are agreeing to when they give consent.
Power of attorney is a legal document, drawn up by a Solicitor, and has to be registered (since 02/04/01) with the Office of the Public Guardian for it to be effective. Power of attorney does not come in to effect unless the person granting it becomes ill and is unable to manage their own affairs.
Guardianship
If someone is incapable of making decisions, and there is no power of attorney, someone can apply to the Sheriff Court for an Intervention order or a Guardianship order.
An Intervention order is for a one off decision or short-term help e.g. selling property, or signing a document.
A Guardianship order is where continuous management of affairs or safeguarding of welfare is required.
Local Authorities or any person claiming an interest in the person’s affairs may make an application.
Access with funds
Individuals can also apply to the Office of the Public Guardian to gain access to the funds of an adult incapable of managing those funds for example a bank account in the sole name of the adult.
Intervention orders
An intervention order allows another person to make a single, one-off decision for
someone if they are unable to do so themselves (for example: this could be to consent to a having a particular medical procedure). Intervention orders are applied for through the Sheriff’s Court.
Contact Details
For further information from the Office of the Public Guardian you can contact them at:
Office of the Public Guardian (Scotland)
Hadrian House
Callendar Business Park
Callendar Road
Falkirk
FK1 1XR
Telephone number 01324 678300
Email opg@scotcourts.gov.uk.
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