Access to Funds (ATF)

 

The changes to the Access to Funds scheme introduces more options and choices for people wishing to access funds or manage funds on behalf of an adult with incapacity in order to pay for their day to day living expenses.

 

A specific team has been set up at the OPG to deal with ATF enquires. If you would like to speak to an adviser to find out more about how to use ATF or to identify if ATF can be used in particular situations, please telephone our office on 01324 678300 or contact the team by e-mail: opg@scotcourts.gov.uk 

 

In some instances it may be more appropriate to use the ATF procedure than apply to the sheriff court for a court order. In some cases ATF may be a less intrusive method in dealing with or managing an adult’s financial affairs, consequently, existing financial interveners or guardians should consider this option in line with the general principles of the Act.   A summary of the changes are noted below:

  1. Joint applications may be made.

    2.  

  2. Organisations can now apply to access funds.

    3.  

  3. Information can be requested from banks, building societies or other financial institutions with regard to bank account(s), for example, where an account is held, the account details, how much is in the account. This will allow a proposed applicant to assess whether Access to Funds is a suitable form of intervention on behalf of the adult.

    4.  

  4. Joint withdrawers can be appointed either at the application stage or at some point in the future.

    5.  

  5. A reserve withdrawer can be appointed to act on behalf of the main withdrawer if that person is temporarily unable to act.

    6.  

  6. Certain accounts can be opened when a suitable account does not exist and the adult has funds, is entitled to some form of income or a fundholder holds funds on behalf of the adult.

    7.  

  7. When an application has been granted, the withdrawer(s) can apply to vary transactions, for example, if the adult's circumstances change or if an unexpected expense arises.

    8.  

  8. Funds can now be transferred between certain accounts

    9.  

  9. Certain accounts can be closed or transactions (where appropriate) can be terminated.

    10.  

  10. A transitional arrangement exists to allow a guardian to become a withdrawer, when it is appropriate.

    11.  

  11.  An expedited renewal process is in place for existing withdrawers.

    12.  

  12. The countersignatory is no longer from a prescribed list and does not require to know the adult, however, must have known the applicant for at least 1 year and have sufficient knowledge to comment on the suitability of the applicant and the application.

 

A series of ATF information packs outlining the new procedures is now available from the OPG. The information packs are detailed below:

 

ATF (1)           Request Account Information

ATF (2)           Access to Funds

ATF (3)           Additional Joint Withdrawers

ATF (4)           Reserve Withdrawer

ATF (5)           Variation of Transactions

ATF (6)           Renewal of Authority

ATF (7)           Transition of Authority .  

 

Each pack contains an application form and notes to assist completion. These are currently available in hard copy and the documents will soon be available in PDF format. Copies can be obtained by e-mailing  opg@scotcourts.gov.uk

 

The Scottish Government have prepared a Code of Practice which provides further information and is a good practice guide for withdrawers. A link from our website to this document will be available soon.