News In Focus
9 March 2010
OPG issues "access to funds" guidance
The Office of the Public Guardian in Scotland has issued this guidance on professional costs for preparing an application to operate under the access to funds scheme:
"In recent times a number of applications under the access to funds scheme in terms of part 3 of the Adults with Incapacity (Scotland) Act 2000 have included a request for payment of professional fees where a solicitor has been instructed to prepare such an application.
"The access to funds scheme was designed as a low cost option for simpler estates. It is non-court based, administered by the Public Guardian. To limit the cost to the estate of the incapable adult the Office of the Public Guardian has a dedicated access to funds team who provide advice, guidance and assistance, where necessary; this service is offered free of charge.
"Legal expertise is not necessary to advise how the scheme operates or to complete the application form. However, it is recognised that some clients may wish to pursue such an application via their legal adviser. Consequently, the Public Guardian has agreed that a one off capped fee, currently £330 inclusive of VAT but excluding outlays, may be requested from the adult’s estate towards the legal costs. Any fees in excess of that will require to be negotiated personally between the client and legal adviser."