Office of the Public Guardian
Encyclopedia
The Office of the Public Guardian (OPG) in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

, is a public body based in Falkirk
Falkirk
Falkirk is a town in the Central Lowlands of Scotland. It lies in the Forth Valley, almost midway between the two most populous cities of Scotland; north-west of Edinburgh and north-east of Glasgow....

 as part of the Scottish Court Service
Scottish Court Service
The Scottish Court Service is the body which is responsible for the administration of the Court system in Scotland. The Service employs over 1000 staff members in Scotland's 49 Sheriff Courts, the Court of Session and the High Court of Justiciary, Justice of the Peace Courts and at the Service's HQ...

, established in April 2001 following the passing of the Adults with Incapacity (Scotland) Act 2000
Adults with Incapacity (Scotland) Act 2000
The Adults with Incapacity Act 2000 is an act of the Scottish Parliament. It was passed on 29 March 2000, receiving Royal Assent on 9 May. It concerns the welfare of adults who are unable to make decisions for themselves because they have a mental disorder or are not able to communicate...

.

History

The Office of the Public Guardian (OPG), which is part of the Scottish Court Service, was established in April 2001 following the passing of the Adults with Incapacity (Scotland) Act by the Scottish Parliament. It is responsible for supervising the actions of those appointed in terms of the Act to manage the property and financial affairs of adults who lack the capacity to carry out these functions for themselves. It also provides a wide range of advice and guidance.

The OPG is able to investigate concerns where the property or financial affairs of an adult seem to be at risk.
The Office of the Public Guardian (OPG) has a range of functions under the Adults with Incapacity (Scotland) Act.
The OPG provides information advice and guidance with regard to Powers of Attorney; Access to Funds; Guardianship and Intervention Orders; and investigations.

The OPG also maintains a Public Register of all continuing powers of attorneys, and welfare powers of attorney drawn up after April 2001, all withdrawers appointed under the access to funds scheme and all guardians and interveners appointed by the courts after April 2002

The OPG investigates concerns where the property or financial affairs of an adult seem to be at risk.

The OPG supervises the actions of withdrawers appointed under the access to funds scheme.

The OPG also supervises all financial guardians and interveners appointed by the courts. As part of this supervision a financial guardian may be required to provide the OPG with a Management Plan, Inventory of Estate and an annual accounting.

External links

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