Publication - Publication

Adults with incapacity: code of practice for those authorised to access funds

Published: 1 Apr 2008

Guidance for individuals and organisations authorised to withdraw funds from the account of an adult and apply them for the adult's benefit.

62 page PDF

0 B

62 page PDF

0 B

Adults with incapacity: code of practice for those authorised to access funds

62 page PDF

0 B

ISBN 978 0 7559 5642 5
This document is also available in pdf format (228k)


About this code of practice
Terms used

Chapter 1 About the Adults with Incapacity (2000) Act
Who the Act can help
What the Act says about someone lacking capacity
How the Act can help
Principles to be followed
Deciding when the adult needs the help of the Act
Regulatory bodies
Legal aid
Further information

Chapter 2 The Access to Funds scheme
About the scheme
Individual/s as withdrawers
Joint withdrawers
Reserve withdrawers
Organisations as withdrawers
Period of appointment
What the scheme allows you to do
Assess the adult's assets
Open an account
Open a second account
Open a designated account
Transfer of funds
Closure of accounts
Request lump sums
Transfer from financial guardianship
Outlays and expenses
Certificates of authority
When the scheme might not be appropriate
Joint accounts

Chapter 3 How to apply to Access Funds
Getting started
Understanding the adult's circumstances
Gathering information if you do not already have it
Making an application
Financial information and banking arrangements
Which is your starting point?
Estimating the budget to meet the adult's needs
Regular expenditure
Use of standing orders/direct debits
Lump sums
Arrangements for less regular expenditure
Where the adult has several accounts
Other support needed for your application
Medical certificate
Others to be notified
Circumstances where the adult may not be notified
Period of authority requested
Lodging the application
Applying to move from financial guardianship to access funds
Reason for move
Recall of guardianship/application for access to funds
Who can be withdrawer(s)?
Arrangements for remuneration of the financial guardian

Chapter 4 What happens to your application to access funds?
Examination of application
Notifying (intimating) others
The next stage
What happens if someone objects to my application
Legal Advice
The outcome of a hearing
What happens if my application is refused?
Why an application may be refused
The appeal process

Chapter 5 After authority has been granted
Being a withdrawer
Receiving your certificates of authority
Managing the adult's accounts
Keeping records
Inquiries and investigations
If there is a complaint against you
Notifying the OPG of changes in circumstances
Change of address
Additional joint withdrawer(s)
Reserve withdrawer
Variation of transactions
Transfer of funds
Replacement certificate
Renewal arrangements
Your period of authority is about to expire
You are no longer willing/able to act
Who else can apply?
Termination of authority to access funds
The adult's circumstances change
The withdrawer's circumstances change
Termination by the Public Guardian
Other circumstances for termination
Liability to repay funds
Further advice and information

Annex 1 A guide to communicating with the person with impaired capacity
Annex 2 List of application forms relating to access to funds
Annex 3 Basic financial transaction flow chart
Annex 4 Useful addresses