News
27 June 2008
The Office of the Public Guardian will be closed on Monday 30 June 2008 due to a local Public Holiday. We will re-open at 9am on Tuesday 1 July 2008.
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- The resubmission fee for PoAs has been withdrawn, with effect from 9th June.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.
- 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
- Perth on 22 January 2008
- Ayr on 24 January 2008
- General Points
- Powers of Attorney
- Intervention Orders
- Guardianship Orders
- Pre AWI Act Guardians
- Investigations
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.
11 March 2008
As from 1st of April 2008 all continuing and welfare powers of attorney must incorporate the new prescribed certificate. Click here to view the prescribed certificate. Powers of attorney which have been drafted and certified after 1st April 2008 and contain the old certificate will be returned to the sender. There will be a 3 month period of grace during which a second fee will not be charged if the power of attorney is returned solely due to the use of the old style of certificate.
3 March 2008
The remaining amendments to the Adults with Incapacity (Scotland) Act 2000 will be implemented on 1st April 2008. Please click on the appropriate link below to view a summary of the remaining amendments.
18 February 2008
Consultation on Review of Civil Courts and OPG Fees
The Scottish Court Service proposes to increase civil court fees to reduce the current level of public subsidy and that those fees should be at a level which adequately reflects the cost of the processes involved. We do recognise the need to retain a well targeted system of fee exemptions to facilitate access to justice.
Click the link below to view the consultation paper.
Scottish Court Service Consultation paper on review of fees
24 December 2007
Application for exemption of fees
There are certain circumstances when the Public Guardian will consider waiving particular fees which are due under Part 6 of the Adults with Incapacity (Scotland) Act 2000, these fees are as follows:
An exemption can 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.
14 November 2007
Access to Funds Roadshow - January 2008
In spring 2008, it is likely that additional sections of the Adult Support and Protection (Scotland) Act 2007, will come in to force and in doing so, further amend areas of the Adults with Incapacity (Scotland) Act 2000. Whilst there are some minor changes relating to powers of attorney and guardianship, there will be a significant amendment to Part 3 of the 2000 Act, currently referred to as Accounts and Funds.
For the first time organisations, as well as individuals, will be able to apply to access an adult with incapacity's funds under Part 3 of the 2000 Act in order to manage that person's day to day living expenses.
As this part of the 2000 Act also includes other significant changes designed to make this process more flexible, the Office of the Public Guardian (Scotland) is undertaking awareness raising roadshows which will be held in:
Two half day sessions have been arranged for each day and these will run from 10:00 to 13:00 and 13:30 to 16:30. If you would like to attend one of the sessions or if you would like more information please contact us by e-mail at opg@scotcourts.gov.uk
31 October 2007
Combined/single certificate for powers of attorney
Please note that the combined/single certificate cannot be accepted until the provision has been implemented (likely to be April 2008).
Continuing and welfare powers of attorney which incorporate a combined/single certificate and presented for registration will be returned to the sender as they do not meet current registration requirements. This practice will continue until the provision is implemented.
15 October 2007
The Office of the Public Guardian strives to continually improve services and customer's access to those services. A complaints leaflet and complaints form are now available. Customers can complete the form and send it by email to opg@scotcourts.gov.uk , by fax to 01324 648 301 or by post to the Office of the Public Guardian, Hadrian House, Callendar Business Park, Callendar road, Falkirk, FK1 1XR.
1 October 2007
The series of 'What is ..' leaflets have been redesigned and updated to include the legislative changes coming in on 5th October 2007. If you would like to place an order for these, please click here to access the order form, then e-mail the completed form to opg@scotcourts.gov.uk
20 September 2007
The Mental Capacity Act 2005 - England & Wales
The Mental Capacity Act is due to come into force on 1st October 2007 in England and Wales. The legislation will offer people in England and Wales a choice to create a Lasting Power of Attorney - which replaces the current Enduring Power of Attorney.
Please note that the changes will not affect the terms of the Adults with Incapacity (Scotland) Act 2000. Continuing or welfare powers or attorney registered or to be registered with the Public Guardian in Scotland will not be affected by the changes in England.
1 September 2007
AWI amendments to be implemented on 5th October 2007 (others will follow in Spring 2008)
Under the terms of the Adults Support and Protection (Scotland) Act 2007, the SSI 2007 No. 334 brings in the provisions of the Adults with Incapacity (Scotland) Act 2000 (as amended) on 5th October 2007.
The links which follow contain a summary of the provisions which will be implemented on 5th October 2007.
To view the provisions implemented on 5th October 2007, please click on the links below
If you would like to view all of the amendments to the Adults with Incapacity (Scotland) Act 2000 (those implemented on 5th October 2007 and those to be implemented next year), please click here
16 August 2007
Power of Attorney Registration Form
An updated version of the Power of Attorney Registration Form is now available on this website. This latest version can be saved electronically and incorporates a copy of the Power of Attorney Registration Checklist at the back. To access the form please click on the following link Powers of Attorney Registration Form
29 June 2007
Office of the Public Guardian (OPG)
Table for Fees
The SSI 2007 No 320 introduced an amended table of fees payable to the Public Guardian. The new fees structure will be effective from 16 July 2007. The full table of fees can be viewed by clicking on the following link: Table of Fees
This is the first increase in the OPG fees since 2001. Save for registration fees, fees have only been increased, to take into account inflation during the intervening period. Registration fees however have been increased from £35 to £60 to reflect the increased cost to the office of processing such significant volumes of work. It should also be noted that a fee of £60 will apply per submission of a Power of Attorney, to reflect the work that the Public Guardian has to undertake even in those cases where it ultimately transpires there is a statutory bar to registration. This amounts to 20% of the total. When such PoAs are returned, a further fee of £60 will be payable when the document is re-submitted. The list of the most common reasons why Powers of Attorney are rejected can be viewed by clicking the following link: Powers of Attorney
Any queries concerning the new fee structure should be addressed to Kenneth Graham, Administration/Finance Manager on 01324 678 345 or kgraham2@scotcourts.gov.uk
