Other Options Available

Access to Funds (for everyday living expenses)

The Access to Funds option allows someone to apply to the Office of the Public Guardian to set up a designated bank account to permit them to manage your everyday living expenses. This may be used by organisations such as charities or local authorities, and particularly where costs are fixed or predictable. 

This allows the person withdrawing the funds – called the Withdrawer – to have access to certain money in the bank account for the payment of living costs; but the money remains your property at all times.

Once this has been approved the Office of the Public Guardian will issue a Certificate of Authority stating how the funds in the account are to be used. A bank or building society will need to see this certificate before the account can be accessed.

• Management of Patients’/Residents’ Funds

This is purely for care home services and other bodies to manage funds up to £10,000, excluding DWP benefits.  This allows straightforward financial transactions avoiding the need for Guardianship. However, as they do not permit managing DWP benefits, there may still be a need for appointee.

What are the options if I have lost capacity to manage my finances?

If you are not able to make decisions about your finances on your own, your carer, friend or relative can apply for a Financial Intervention Order (FIO) or a Guardianship Order (GO).

An FIO is suitable when there is a single issue to be dealt with (such as selling a property) and there is no other way of doing this, a GO is suitable when there is a need for on-going management of someone’s financial affairs.

A relative or friend can apply for a FIO or a GO by an application to the Sheriff Court and the application must be accompanied by 2 medical reports of incapacity.

The Order is overseen and supervised by the Office of the Public Guardian.

This can be a costly option but may be the only option available, so your carer should seek legal advice. However, legal aid may be available to eligible incapable people, but this is complex and you should seek advice from the Scottish Legal Aid Board.