News
18 February 2010
The majority of fees payable to the Public Guardian will increase on 1st April 2010. Click here to view the fee schedule. Customers are advised that from 1st April 2010, the fee for registering a power of attorney will increase from £65 to £70.
30 October 2009
Power of Attorney Documentation
Please note that all documentation submitted to the Office of the Public Guardian is scanned onto our computer system therefore staples should not be used. The use of staples could result in an added delay with documentation being processed.
24 July 2009
Former Curatory Appointments to expire on 5th October 2009
Former curatory appointments transferred to financial guardianship on the advent of the Adults With Incapacity Act. These appointments must be renewed on or before 4 October 2009.
If a guardianship order is still required, the expedited renewal process provided for by section 60(3) of the amended Adults with Incapacity (Scotland) Act 2000 can be used. Click here to view more information about the renewal process in the FAQ section of the OPG website.
20 March 2009
Reminder of increase in Fees due to Public Guardian
In August 2008, the SSI 2008 No. 238 introduced an amended Table of Fees payable to the Public Guardian. The Table of Fees consists of 3 schedules, and the second schedule is due to come into force on 1 April 2009. Please be advised that the following fees will be increased:
- Approval of management plan and inventory
- Applications for consent to purchase or dispose of accommodation
- Approval of annual and final accounts
- To view the full table of fees (SSI 2008 No 238) click here
13 March 2009
Retention of Principal Power of Attorney documents
From 1 April 2009 it will no longer be the practice of OPG to retain principal Power of Attorney documents. From that date, we will return the original document to the sender after registration along with the certified copy. Any enquiries regarding this matter should be sent to opg@scotcourts.gov.uk
A further news item will be added in due course regarding principal documents already stored at OPG.
5 January 2009
Cautionary Bonds Issued By Zurich
Transfer of the business of Zurich GSG Limited to Zurich Insurance plc
Although the company details have changed there will be no change in the cover or service provided to you.
Zurich Financial Services Group (Zurich) wrote to all guardians and interveners who have a live bond of caution with Zurich GSG Limited advising that it was the intention of Zurich to transfer their general insurance business, which includes bonds of caution issued by Zurich GSG Limited, to Zurich Insurance plc with effect from 01 January 2009. The High Court of Justice in England and Wales approved the transfer on 15 December 2008.
As a result of the transfer, all bonds of caution issued by Zurich GSG Limited before 01 January 2009 will be transferred to Zurich Insurance plc. No new documentation is required.
Any new bonds issued after 01 January 2009 will be issued by Zurich Insurance plc. There will be no change to the way applications are submitted and reviewed or to the team who deal with your applications. The trading name Zurich Global Corporate UK will be adopted and all applications and correspondence sent after 01 January 2009 should be addressed to:-
Zurich Global Corporate UK, SuretySecond FloorSandfield HouseWater LaneWilmslowCheshireSK9 5BZ
All application forms can be downloaded from their website at www.zurich.co.uk/surety after 01 January 2009. Alternatively, please email Ayesha Asghar at ayesha.asghar@uk.zurich.com and a copy will be sent to you by return.
Zurich are committed to providing an efficient service to all their customers and aim to respond to all applications and correspondence received within 48 hours and to issue bonds of caution without delay. They also offer competitive rates for new bonds and renewals.
If you have any questions or wish to discuss your requirements further, please do not hesitate to contact Miss Ayesha Asghar by phone on 01625 527 242, by email to ayesha.asghar@uk.zurich.com, or by post to Zurich Global Corporate UK, Surety, Second Floor, Sandfield House, Water Lane, Wilmslow, Cheshire, SK9 5BZ.
29 August 2008
Flexible insurance deal for guardians agreed
Public Guardian agrees scheme for easier and quicker applicaton process.
The Public Guardian has announced a new scheme to speed up the process under which guardians to adults have to obtain caution (insurance cover) before they can act to look after the property in their care.
In view of concerns over the length of time that many guardians have to wait before cover is confirmed, the complexity of the application process and the cost of the annual premiums to the adults' estate, the Public Guardian has negotiated the provision of an alternative cautionary service with HSBC Insurance Brokers.
The service, which will be available from Monday 25 August, provides a simplified application process for all cases and particularly in estates below £500,000 where, by virtue of the court appointment process and the ongoing supervision of the Public Guardian, there will be an automatic presumption of suitability and the requirement merely to confirm minimal information. Click here to view the application form.
A more detailed application form will be necessary in larger estates but this, and the process, has also been simplified to allow a much speedier review.
Early confirmation
Consequently HSBC Insurance Brokers will be able to issue confirmation of caution to the majority of guardians, by post, and to the Public Guardian, electronically, within two working days of HSBC's receipt of a request. The Public Guardian has committed to issuing the certificate of appointment the following working day.
In addition the Public Guardian has been able to secure a fixed and reasonably priced premium scale, commencing at just £30.00 for estates of £5,000. Click here to view the premium scale.
If guardians currently covered with an alternative provider choose to switch to this scheme, the Public Guardian advises that this is done at year end, as no return of premium will be offered for cancellation of a premium part way through a year.
Although the Public Guardian has negotiated this new service, the contract for a bond of caution remains a matter between the individual guardian and the insurer, as does the payment for it.
Further information about the new service is available from HSBC's Clive Lissaman - clive.lissaman@hsbc.com or by contacting opg@scotcourts.gov.uk
8 August 2008
Application for exemption of fees
Guardians and Interveners may wish to note that there are certain circumstances when particular fees can be waived which are due under Part 6 of the Adults with Incapacity (Scotland) Act 2000, these fees are as follows:
- Registration fees due in respect of a Guardianship or an Intervention Order
- Inventory/Management plan
- Accounts
- Recall under the terms of Section 73 where the adult does not retain an interest in heritable property
Exemption may be claimed by completing the Application for Exemption of Fee form and returning it to this office. Please click here to view the form and the conditions in making an application.
24 July 2008
Table of Fees
The SSI 2008 No. 238 introduced an amended Table of Fees payable to the Public Guardian. The new fees structure will be effective from 1 August 2008. The Table of Fees consists of 3 schedules, and these will be implemented over the next two years.
The effective dates are shown below:
| 1 April 2009 | Fee Schedule 2 |
| 1 April 2010 | Fee Schedule 3 |
The full table of fees (SSI 2008 No 238) can be viewed by clicking here
9 June 2008
Fee Consultation - Outcome
Between February and early May 2008 the Scottish Court Service undertook a consultation on increases to its fees - which included those of the OPG.
The responses to the consultation have now been reviewed and action agreed. In respect of the OPG the outcome is as follows:
- The resubmission fee for PoAs has been withdrawn, with effect from 9th June. A one off fee of £60 is payable for submission / registration of a document conferring a power of attorney. As with other OPG services a cheque in this amount, made payable to the Scottish Court Service should accompany the submission of a PoA deed.
The withdrawal of this resubmission fee was in response to the considerable source of grievance it caused to applicants. However, this has been done on the expectation that the number of documents which are rejected will continue at around its current, much lower, level. If there is any significant increase in the rejection rate, SCS will reconsider this policy.
- All OPG fees will increase from 1st August this year but only by 8% rather than the 15% that had been proposed. The reduction in percentage is in response to the views expressed to the consultation.
- There will be further fee increases on 1st April 2009 and 1st April 2010. Again this is in response to the views of those who responded to the consultation. The consultation had proposed a one off increase just now but then nothing for the next three years. However, respondents preferred an annual incremental uplift.
27 May 2008
The new Part 3 of the Adults with Incapacity (Scotland) Act 2000 commenced on 01 April 2008. As part of the transition into the new scheme the Public Guardian accepted applications using the old style forms during the months of April and May. Effective from 01 June 2008 only applications on the new style forms will be accepted.
