News Archive
16 April 2012
Power of Attorney Update
| No of Weeks to Process | Actual No of Working Days | POAs to be Processed week beginning 16th April |
|---|---|---|
| Those received between 08/03/2012 & 12/03/2012 |
10 April 2012
Power of Attorney Update
| No of Weeks to Process | Actual No of Working Days | POAs to be Processed week beginning 10th April |
|---|---|---|
| Those received between 06/03/2012 & 08/03/2012 |
2 April 2012
Power of Attorney Update
| No of Weeks to Process | Actual No of Working Days | POAs to be Processed week beginning 2nd April |
|---|---|---|
| Those received between 29/02/2012 & 05/03/2012 |
27 March 2012
Power of Attorney Update
| No of Weeks to Process | Actual No of Working Days | POAs to be Processed week beginning 26th March |
|---|---|---|
| Those received between 21/02/2012 & 27/02/2012 |
19 March 2012
Power of Attorney Update
| No of Weeks to Process | Actual No of Working Days | POAs to be Processed week beginning 19th March |
|---|---|---|
| Those received between 10/02/2012 & 20/02/2012 |
16 March 2012
Self Calculating Account Form
Some customers have provided feedback on how the self calculating account form can be improved. We are currently working with the feedback, however some of the points cannot be rectified immediately. As an interim solution, financial guardians may wish to use the printable account form which can be manually completed. Click here to view.
12 March 2012
Power of Attorney Update
| No of Weeks to Process | Actual No of Working Days | POAs to be Processed week beginning 12th March |
|---|---|---|
| Those received between 30/01/2012 & 03/02/2012 |
5 March 2012
Power of Attorney Update
Additional efforts have been deployed to reduce the time customers are waiting for power of attorney documentation to be returned to them. This has been an effective strategy as the wait time has been reduced to 35 working days.
| No of Weeks to Process | Actual No of Working Days | POAs to be Processed week beginning 5th March |
|---|---|---|
| Those received between 16/01/2012 & 23/01/2012 |
1 March 2012
BBC Radio & Reporting Scotland Feature
The Public Guardian was recently invited to respond to questions asked of consumer expert Fergus Muirhead for a BBC Radio and Reporting Scotland item on powers of attorney, click here to view her responses to the queries raised.
28 February 2012
Power of Attorney Update
| No of Weeks to Process | POAs to be Processed week beginning 27th Feb |
|---|---|
| Those received between 19/12/2011 & 12/01/2012 |
24 February 2012
Update on the POA position
Sandra McDonald, Public Guardian has provided an update on the current POA position. Click here to view the update.
21 February 2012
Power of Attorney Update
| No of Weeks to Process | POAs to be Processed week beginning 20th Feb |
|---|---|
| Those received between 06/12/2011 & 16/12/2011 |
13 February 2012
Power of Attorney Update
| No of Weeks to Process | POAs to be Processed week beginning 13th Feb |
|---|---|
| Those received between 29/11/2011 & 07/12/2011 |
6 February 2012
Power of Attorney Update
| No of Weeks to Process | POAs to be Processed week beginning 6th Feb |
|---|---|
| Those received between 18/11/2011 & 29/11/2011 |
31 January 2012
Power of Attorney Update
| No of Weeks to Process | POAs to be Processed week beginning 30th Jan |
|---|---|
| Those received between 07/11/2011 & 16/11/2011 |
24 January 2012
Office Closure
Customers are notified that OPG will be closed to the public on the dates below to allow staff to focus on processing Powers of Attorney.
- Tuesday 24, 31 January
- Tuesday 7, 14, 21, 28 February
It is anticipated that by closing the office for 1 day per week this will help reduce the time customers are waiting for power of attorney documentation to be returned to them.
Any messages left on the answer phone or correspondence received on any of the above days will be processed the following day.
This measure to reduce waiting times will be reviewed on a regular basis throughout the next 6 weeks.
19 January 2012
Revised Information - Prospective Financial Guardians
We have recently revised our leaflet 'Information for those applying to become financial guardians' after consulting with customers and taking on board their feedback.
The leaflet is sent to prospective financial guardians once we are notified of a financial guardianship application. The leaflet provides a general outline as to the supervisory role of OPG and what is expected from the financial guardian, once they have been appointed by the Sheriff. Click here to view.
We would like to take this opportunity to thank everyone involved for taking time to provide valuable feedback.
18 January 2012
Business Plan 2012 - 2013
Staff will be meeting in January 2012 to agree our business objectives for the April 2012 – March 2013 period. The proposals will then be forwarded to SCS for endorsement. Click here to view the summary version of our current business plan and here to view the full version for 2011 - 2012.
17 January 2012
Power of Attorney Update
| No of Weeks to Process | POAs to be Processed week beginning 16th Jan |
|---|---|
| Those received between 24/10/2011 & 31/10/2011 |
10 January 2012
Power of Attorney Update
| No of Weeks to Process | POAs to be Processed week beginning 9th Jan |
|---|---|
| Those received between 07/10/2011 & 17/10/2011 |
5 January 2012
Survey Results
OPG carried out several surveys in the last quarter of 2011. Click on the hyperlinks below to view the results and recommendations of:
23 December 2011
New Guidance and Account Form
A new interactive form is now available for financial guardians to use when completing annual and final accounts. The form is self calculating and has other functionality to aid completion. Click here to view the Guidance and here to view the Form.
20 December 2011
Power of Attorney Update
| No of Weeks to Process | POAs to be Processed week beginning 19th Dec |
|---|---|
| Those received between 05/10/2011 & 07/10/2011 |
12 December 2011
Power of Attorney Update
| No of Weeks to Process | POAs to be Processed week beginning 12th Dec |
|---|---|
| Those received between 26/09/2011 & 04/10/2011 |
8 December 2011
Power of Attorney - Amendment Policy
The Public Guardian has issued a policy regarding amendments to a registered power of attorney. This will come into force on 1 January 2012. Click here to view the policy.
The Adults with Incapacity (Scotland) Act 2000 is silent on whether it is permissible to amend a power of attorney deed once registered. The Public Guardian has taken the view that an amendment sought by a capable granter is permissible. The Amendment Policy constitutes the Public Guardian’s approach to the management of amendments to powers of attorney.
- In short, a minor administrative amendment to a power of attorney document, e.g. a change of name or address, which requires no capacity test, will be free of charge.
- Any amendment which requires proof of continuing capacity i.e. because there is a change requested to the primacy of the deed, will incur a fee of £70.
5 December 2011
Power of Attorney Update
| No of Weeks to Process | POAs to be Processed week beginning 5th Dec |
|---|---|
| Those received between 06/09/2011 & 16/09/2011 |
1 December 2011
Renumeration - Time & Trouble Hourly Rate
In exceptional circumstances the Public Guardian may be able to authorise, in any accounting period, part or all of the financial guardian’s fee to be paid on a time and trouble basis. From 1st December 2011, those cases where either part or all of the fee is claimed on a time and trouble basis, an hourly rate of £145 may be claimed. This rate applies to work performed after 1st December 2011.
For more information on financial guardian remuneration and time & trouble claims, click here
30 November 2011
Update On POA Position
Sandra McDonald, Public Guardian has provided an update on the current POA position. This information outlines the difficulties we are experiencing and explains the steps we are taking to address these. Click here to view the update.
29 November 2011
Power of Attorney Update
| No of Weeks to Process | POAs to be Processed week beginning 28th Nov |
|---|---|
| Those received between 01/09/2011 & 05/09/2011 |
24 November 2011
Update on Power of Attorney Processing Times
Many of our customers are aware that it is taking us longer than our stated 30 day turnaround time to process powers of attorney (POA); until recently we were achieving this target. Please be assured that we are making every effort to speed up the processing time. To keep customers informed of our progress in this area, we will place a weekly update on this page. This information will better inform customers of the POAs we anticipate processing each week.
| No of Weeks to Process | POAs to be Processed week beginning 21st Nov |
|---|---|
| Those received between 17/08/2011 & 31/08/2011 |
11 November 2011
Office Closure
Customers are notified that OPG will be closed to the public on Tuesday 15th November. Although the office will be closed for business, staff will be at work processing Powers of Attorney.
It is anticipated that by closing the office for 1 day per week will help reduce the time customers are waiting for power of attorney documentation to be returned to them. Therefore, please note that OPG will be closed for business on the following days to allow powers of attorney to be processed.
- Tuesday 15th and 22nd November; and
- Tuesday 6th, 13th and 20th December
Any messages left on the answer phone or correspondence received on any of the above days will be processed the following day.
This measure to reduce waiting times will be reviewed on a regular basis throughout the next 6 weeks.
14 October 2011
OPG Telephone Line
We have had some reports this morning from customers experiencing problems trying to contact us via our switchboard telephone line - 01324 678300. The problem has been reported and is under investigation.
If you are having difficulty contacting us, you may wish to e-mail your contact details along with a brief explanation of you enquiry to our mailbox opg@scotcourts.gov.uk.We will then arrange to contact you to help with your enquiry.
We apologise for any inconvenience this may cause.
6 October 2011
Updated Inventory & Management Plan Forms
The updated version of the Inventory of Estate form and Management Plan form are now available for use. Click here to view the Inventory form and here to view the Management Plan form.
22 July 2011
Change of Practice:
Temporary Welfare Guardianship Certificates
We will be changing practice on 25th July 2011 and will no longer issue temporary welfare certificates when joint welfare and financial guardianship orders are granted.
At present, when a joint guardianship is granted, we issue a temporary welfare certificate one week after the final interlocutor has been received (if caution hasn’t been found in that time). Therefore, from 25th July we will no longer issue a temporary welfare certificate as it will become our practice to issue a final certificate once caution has been found. This practice will piloted for 6 months and is to be reviewed in January 2012.
8 July 2011
Powers of Attorney Processing Turnaround Time
Please note, due to the volume of Powers of Attorney (POA) being received by the OPG for registration we are currently unable to achieve our target turnaround time of registering POA's within 30 working days from receipt. Additionally due to our not being able to process the POA's within 30 working days we are receiving a significant amount of telephone calls from customers seeking confirmation that we have received their POA's for registration. Dealing with these queries is also adding to the delay in registration.
Accordingly if you are concerned that the OPG may not have received the POA for registration because you have not heard from us, can we ask that in the first instance, you check if your payment has been processed. Additionally we anticipate that registration should be notified to you within 13 weeks of the POA being sent to the OPG, however this time period may increase further over the summer months. We would ask that you allow 13 weeks to pass before considering contacting this office to enquire as to when registration might be expected.
10 June 2011
Inventory of Estate & Management Plan Forms
The revised PDF versions of the Inventory of Estate and Management Plan forms on our website have been removed, as errors have been identified on both forms. As an interim arrangement, the older versions of the forms are now available for financial guardians to use. Click here for the Inventory form and here for the Management Plan form. Apologies are offered for any inconvenience caused.
We are currently working with the forms to address the errors and to improve the forms by adding further functionality. These will be uploaded on to the website in due course. We will inform you when this has been completed by updating this News page.
30 March 2011
Fees payable to Public Guardian
Fees due to the Public Guardian will not increase on 1st April 2011. However discussions on changes to fees will take place in the summer. Customers will be advised via this News page and in appropriate professional newsletters of any changes to fees due to the Public Guardian.
29 March 2011
Powers of Attorney Processing Turnaround Time
The volume of Powers of Attorney (POAs) sent to OPG for registration in February and March increased significantly. This has had an impact on our turnaround time and currently POAs are being processed within 30 working days of receipt at the office.
Solicitors wishing for POAs to be treated urgently due to special circumstances should contact the office by telephone to request this.
18 March 2011
Adults with Incapacity (Scotland) Act 2000
There may be opportunities in future to amend the Adults with Incapacity (Scotland) Act 2000. If this becomes possible, we are keen to include any changes you think are necessary, therefore we would like to know your thoughts.
If you would like to make a suggestion, click here.
As this work will be ongoing, if and as necessary, we will keep you updated with items on our News page.
11 November 2010
Requests from Local Authorities to search the Public Register
The relevant Local Authority (LA) is advised on the registration of a welfare PoA or guardianship; for the OPG to then advise a second time, on the request of a member of that LA, is duplication of work for the OPG and an ineffective use of time, which we can ill afford when we are having to ensure we use resources to maximum effect.
Consequently, if someone claims to be the attorney or guardian, LA officers can check this with their local authority central office. The attorney or guardian should be able to produce a copy of their certificate which includes the powers they have been granted. If a copy of the document is required this can be obtained from the OPG. The OPG can advise of the presence, or otherwise, of a financial PoA.
8 October 2010
Bonds of Caution provided by Marsh
We have been receiving some queries about bonds of caution formerly provided by HSBC Insurance Brokers Limited. On 1st April 2010 HSBC Insurance were acquired, with agreement, by Marsh, the world’s leading insurance broker. However, the service we enjoyed from HSBC has continued unchanged save for this name change.
Aviva (formerly Norwich Union), the providers of the bonds brokered by HSBC, continue to undertake business with Marsh, without any change of terms. The staff employed by HSBC are now all employed by Marsh so contact is with the same team of people. The understanding that the Public Guardian had with HSBC has been transferred to Marsh.
The Public Guardian has been monitoring and is satisfied with the service provided by Marsh so feels able to reassure you accordingly. If however you have any queries please feel free to contact the OPG at opg@scotcourts.gov.uk, or you may refer these to Clive Lissaman, Head of Legal & Protection Services, Marsh brokers limited at clive.lissaman@marshbrokers.com.
25 August 2010
Increase in Remuneration for Financial Guardians
The public guardian is pleased to advise that following on from comments and suggestions made by financial guardians, the level of remuneration to be set by the Public Guardian will be increased with effect from accounts which are submitted where the close date of the acounting period falls on or after 1 September 2010. A copy of the revised table of remuneration can be found by clicking here. Guardian's should note that remuneration for accounts where the close date of the accounting period is before 1 September 2010 will still have their remuneration set in terms of the existing table of remuneration.
23 July 2010
Access to Funds - Part 3 of the Adults with Incapacity (Scotland) Act 2000 was amended and re-introduced in April 2008. In 2009 a Project Team, made up of OPG staff, was set up to research and assess the effectiveness of Part 3 and to make recommendations on any action needed.
A Project Report and Executive Summary are now available and outline the findings of the Project Team. Click here to view the Executive Summary and here to view the full Project Report. We would like to take this opportunity to thank stakeholders, customers and colleagues who took part in the consultation exercises.
13 May 2010
Statistical Reporting
We have now moved to a quarterly statistical reporting system. Statistics for April, May and June 2010 were published on Friday 30th July at 9.30am.
Thereafter statistics will be published on a quarterly basis as follows:
- July, August and September 2010 will be published on 29th October 2010 at 9.30 am
- October, November and December 2010 will be published on 28th January 2011 at 9.30 am
- January, February and March 2011 will be published on 29th April 2011 at 9.30 am
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.
