The Office of the Public Guardian has provided an update on some process changes that will impact on the administration of financial guardianship cases.
To ensure we deal most effectively with increasing demands we are revising the departmental structure which will be implemented in September 2015. As part of this revision we will create a dedicated guardianship team who will deal with the guardianship process from the application stage through to the final account.
This will improve the process around early intervention with the potential financial guardian and will start when we receive notification of a new guardianship application and before preparation of written observations to court. You may wish to note the following changes to our processes.
We will:
- Write to the solicitor and potential guardian to request that our contact information form is completed. This will facilitate us to contact the potential guardian.
- Discuss with the potential guardian the role of the guardian to ensure they are clear as to what will be expected of them once the order is granted.
- Provide observations to court and incorporate new information on:
- whether contact has been made with the potential guardian – and if not why not, particular reference will be made if this results from any failing on the potential guardian’s part
- whether the potential guardian is aware of their ongoing responsibilities
- whether, or not, we feel the potential guardian has understood their responsibilities
- whether we have any reservations about the potential guardian being appointed.
A key benefit of these changes is to ensure the responsibilities of the role are understood by the potential guardian and to give an indication of the guardian’s willingness and ability to act and co-operate with us. Investing time early in the process will help speed later administration of the case.
To assist solicitors and guardians a checklist of matters to discuss with any potential guardian had been prepared. This along with a copy of the new contact information form will be available from our website.
In addition to the above, a stricter application of the time requirement for the submission of the inventory of estate form and management plan will now be applied. Both forms will be due no later than three months after the date we issue the guardian’s certificate.
We continue to be dedicated to delivering the highest possible standard of service and will continue to review and change how we do things to ensure effective service.
If you wish further information or have any enquiries please e-mail opg@scotcourts.gov.uk