Asking for consent to use the adult’s funds

Financial guardians often ask us to consent to using the adult’s funds to make a purchase for the adult. However, consent does not always need to be sought. The information in the table below provides more information as to when consent should and should not be sought.

When consent is not required 

Financial guardians do not need to ask for consent:

  1. when the adult will benefit directly from their funds being used, and      
  2. when they have referred to and applied the principles of the Act and determined that the purchase is appropriate.
When we talk about direct benefit we mean purchasing items like:  Direct benefit
New bed or mattress
Specialist equipment
Household white goods
Rise / recliner chair
Wheelchair 

When consent is required

When the use of the adult’s funds has either a possible benefit or no obvious benefit to the adult then financial guardians must ask for our consent before making the purchase.

When seeking consent you should write to us outlining the value of the purchase, and how the intended use of funds meet the general principles. Evidence must be provided to support the request.

The following examples outline what we mean by possible and no obvious benefit to the adult.

Possible benefit
TV
Computer, tablet
DIY at the adult’s home
Holiday
Car
Funeral plan

No obvious benefit
Giving a loan to someone
Paying for a funeral plan for another person
Paying for DIY at someone else’s home

Record keeping

Whether consent is required or not, financial guardians must keep receipts and invoices to support all expenditure. These records will be required to be submitted along with their annual accounting. 

If you require further information or clarification on any of the above, please get in touch with us opgorders@scotcourts.gov.uk