Authority to access an adult's funds
If the adult has bank or building society accounts in his or her sole name, you can apply to the
Public Guardian to access the funds. (This is also known as 'authority to intromit with funds' or becoming the person's 'withdrawer'.) This part of the Adults with Incapacity Act was designed to be used by a carer, relative or friend, but others with a genuine interest can apply (other than local authority staff such as social workers).
Only one person can hold this authority at a time and only one account can be accessed. You can only access someone's funds in this way if there is no-one else, such as an attorney or guardian, who has the power to do it.
How to apply to access funds
The
application form and the
guidance are available online, or ask the
Public Guardian to send you copies. You will have to list what you will use the money for and approximately how much you need for each item. For example, you may need to pay the person's bills like gas, electricity or council tax, and buy food for him or her. You should also put in costs for items such as a holiday for the person and clothes. If the adult has any arrears, for example for care costs or bills which have not been paid, then you can ask for a lump sum initially to clear these. Remember to take account of any bills which will arrive during the time it takes to make the application.
Your authority will normally last for three years before you have to renew it, so think ahead and include an allowance for inflation in the amounts you fill in on the form. Don't worry if you make a slight overestimation - the money still belongs to the adult and is still held in their bank account. The application fee is currently £35.
You also need to give:
- details of the account belonging to the adult that you want to access, known as the specified account
- an undertaking to open a new account to manage the money, known as the designated account - this should be an account that will be convenient for you to use, and does not have to be at the same bank
- details of any direct debits and standing orders you want to continue to come from the specified account, so that you don't have to set them up again on the new designated account
- details of the primary carer and nearest relative, if it isn't you and if you know who they are.
You must enclose a medical certificate saying that the adult is now mentally unable to look after his or her money.
Get the form countersigned by a professional person who has known you for at least two years. For example, this could be a doctor (but not the one who signed the medical certificate), a teacher or a minister. There are 17 categories of people who can sign this form - use this link for details Public Guardian's Office.
Who is notified?
The Public Guardian will normally notify the adult with incapacity, the nearest relative and primary carer and anyone else he or she thinks has an interest. However, the adult will not be notified if two doctors, one with specialist knowledge, advise that this information would be a serious risk to his or her health.
Any of these people can object, so it is best to discuss your plans first. If the Public Guardian proposes for any reason to refuse the application, you will get a chance to be heard, and if that is not successful you can appeal to the sheriff.
How long will the application take?
If the form is properly completed, your application should take about 4 weeks; but it can take longer if the Public Guardian's office need to send it back to you for more information. If you are unsure about anything on the form, the Public Guardian's office can help you fill it in correctly.
As withdrawer you cannot be paid for accessing funds, but you can claim reasonable expenses such as the fee for registration or the cost of the medical certificate from the adult's funds, if you specify this in the application.
More information
Principles of the Act which withdrawers must apply
Code of practice