Once someone loses their legal capacity, for example suffers dementia or has a stroke, they will not be in a position to provide a power of attorney to allow somebody to act on their behalf.   Their bank account may be frozen by the bank and they will require to be supported by others – likely family members – until such time as somebody can be appointed as a guardian.   However, that process can be lengthy and expensive.   The Adults With Incapacity (Scotland) Act 2000 provides that under the Access to Funds Scheme an individual can apply on behalf of the adult to the Office of the Public Guardian for certification to transact financially on behalf of the adult with the adult’s money.   The withdrawer as they are named could, among other things, arrange a lump sum from the adult’s bank account with a view towards covering the cost of care home fees and the like and hold the monies in their own special bank account paying out monthly sums for the adult’s living costs.  

The scheme requires to be ok’d by the Public Guardian’s Office and the withdrawer can act on this basis for up to three years.

This can be a useful provision to bear in mind when considering how to look after relatives in such situations.

Please contact either Forbes McLennan or Duncan Love on 01224 581581 for any further information.