Access to Funds/Intromit with Funds
What is an application to access funds?
This is a procedure which allows an individual, individuals or organisations to obtain authority to access and manage the funds held in, for example, a bank or building society account. The account(s) must be in the sole name of an adult who is or no longer able or capable of accessing their funds. Access to more than one account may be authorised however authority cannot be given for accounts held in joint names. Click here to download our What is... Access to Funds Scheme leaflet.
The least restrictive option
The principles of the Act are very important and must be applied when considering the right course of action or making decisions on behalf of an adult with incapacity. Financial guardians considering renewing their authority must ensure that the level of intervention in the adult's estate is the least restrictive option. There will be situations where it is more appropriate to apply for authority to access funds rather than financial guardianship. The Public Guardian makes observations to the Sheriff when financial guardianship is being applied for and where appropriate, will observe to the Sheriff that an application to access funds may be a more suitable option.
What would access to funds be used for?
The funds requested in the application are to be used to pay for the adult's day to day living expenses, such as paying gas, electricity bills etc. or buying things such as clothes, toiletries, food, or anything that the adult was in the habit of buying or paying for on a regular basis. It can also be used to request a lump sum to pay off any existing debts or to purchase specific items required by the adult.
Who can apply?
An individual, individuals or an organisation may apply to access the funds. An individual could be anyone with an interest in an adult's financial affairs, such as a relative or friend. In such instances a person will require to countersign the application to say that the applicant is suitable to carry out the role and that the application is appropriate.
Organisations wishing to apply will have to provide information to show that they are fit and proper to operate under the scheme. Click here to view the form which organisations must complete in order to confirm this. This form must accompany the first application in the scheme but is not required thereafter.
What is a Withdrawer?
This is the name given to the person(s) or the organisation granted authority by the Public Guardian to access the funds belonging to an adult with incapacity.
What if I do not have any information about the adult's finances?
You can make an application to the OPG using form ATF(1) to request account information, for example, where the account is held; the account details; the balance of funds in the account and any other information needed to allow you to decide if the access to funds scheme is suitable for use on behalf of the adult. Click here to view form ATF(1).
How do I go about accessing the funds belonging to an adult?
The adult requires to have a bank/building society or other account in their sole name. If the adult does not have such an account, a withdrawer can apply to open an account in the sole name of the adult as part of the scheme. This can be done if the adult is in receipt of, or entitled to, some form of income or a fundholder holds funds for that person. You can make an application to the OPG using form ATF(2) to open an account in the sole name of the adult, if necessary, and request access to those funds. Click here to view form ATF(2).
What do I do if the adult has several accounts?
It is possible to apply to transfer funds between existing accounts in the sole name of the adult and to close such accounts if necessary. This is useful, for example, where old accounts contain some funds but no interest is being paid.
How do I apply?
Application form ATF(2) must be completed . You will normally be required to submit supporting evidence such as bills/invoices for the amounts being requested in the application.
A medical certificate completed by a registered and licensed medical practitioner, such as a GP or a specialist in a mental disorder is required to accompany the completed application form. Click here to view the medical certificate.
The above information is also available on the 'Publications' page of our website or by telephoning OPG. We can give you free advice and assistance in completing the form if required.
How much does it cost?
A registration fee of £65 is due to be paid to the OPG and this should be sent along with the application. Other fees may be required if supplementary applications are made at a later date; such as applying for an additional withdrawer or applying to access funds not stated in the initial application. An exemption from paying fees due to the Public Guardian may be claimed by making an application to this office. To view the form and more information on the claim criteria, click here. A licensed and registered doctor may also charge a fee for the medical certificate.
How long does it take the OPG to give authority?
The office of the Public Guardian will send a copy of the correctly completed application form to the adult (where appropriate); nearest relative, primary carer of the adult and any other person who the Public Guardian considers has an interest in the application. A period of 21 days is allowed for any objections to be lodged. If no objections are received, we aim to grant authority and issue a certificate of authority within 25 days.
How does it work?
Once the Public Guardian has given you a certificate of authority you will need to open a bank account so that the funds you requested in the application form can be transferred into it. This account is called the designated account and should be opened in your name on behalf of the adult.
Once you receive your certificate of authority you should contact the bank or building society and inform them of your appointment. The bank or building society will need to see your certificate of authority to find out all of the necessary details to set up access to the funds arrangements, such as, how much money is to be taken from the adult's account and transferred to the account the Withdrawer has opened and how often the funds are to be transferred.
Can other withdrawers be appointed after authority has been granted?
If further withdrawers are to be appointed after the Public Guardian has granted authority to access the adult's funds, a further application will need to be completed.
Joint withdrawers can apply to the Public Guardian to be appointed. Click here to view ATF(3) - application form to appoint a Joint Withdrawer.
A reserve withdrawer may be appointed for specified periods when the sole withdrawer is not available to carry out the duties, for example, the sole withdrawer is going to be out of the country for a prolonged period of time. Click here to view application form ATF(4).
How long does the authority last?
The appointment is normally set at 3 years, but this period can either be reduced or extended or, indeed, be set for an indefinite period provided the Public Guardian is satisfied of the need to change it.
How do I renew my appointment?
If you have previously been appointed as a withdrawer and your appointment is to expire you will need to re-apply by completing application form ATF(6). Click here to view the form.
Can a financial guardian to apply to become a withdrawer?
When a financial guardian's appointment is about to expire or the financial guardian identifies that guardianship is no longer appropriate, the guardian must consider the least restrictive method.
If authority is still required to make decisions on behalf of an adult and financial guardianship is not appropriate, the financial guardian may apply to access the funds belonging to the adult under the Access to Funds scheme. This can be done by completing form ATF(7). Click here to view the form.
What are the Public Guardian's responsibilities?
If the Public Guardian grants the application, details will be entered in the Public Register and a certificate of authority will be issued. The certificate authorises the opening of a designated account into which funds from the adult's own account can be deposited. The certificate stipulates how much and how often funds can be transferred.
It is important that records of expenditure are kept, for example, retain bank statements and keep receipts for larger items bought. The Public Guardian may contact you to request that you provide your records for examination. This does not mean that you are being investigated; such requests are a routine requirement under the Act.
It is highly recommended that the code of practice for persons authorised under Part 3 to access funds of an adult, are read in conjunction with the above. Click here to view and download the Code of Practice.
