Third Party Mandate
A Third Party Mandate is a formal instruction from you to us. It tells us that you’d like another party to have access to your account(s) to carry out everyday banking transactions, withdraw cash only or just to allow disclosure of account information on your banking and/or savings account(s). This can cover all of your banking and/or savings accounts or just specific ones.
Management of Residents Finances Certificate
The Management of Residents Finances Certificate will be drawn up by either the Social Care and Social Work Improvement Scotland or the NHS Trust and provides authorisation for the stated representative (normally a health care official) to withdraw funds from the person account(s) to pay for necessary care.
Intromit with Funds (Access To Funds Scheme)
This is an arrangement that will allow an individual, individuals or an organisation to access the funds belonging to a customer who is no longer capable of accessing their funds to pay for their day-to-day living expenses and any debts due. The scheme will allow an individual, individuals, or an organisation to:
- Request information about an adult’s account(s)
- Open a bank/building society or other account in the sole name of an adult
- Transfer funds between accounts and close accounts where necessary.
This is an order under the Adults with Incapacity (Scotland) Act 2000 from the Sheriff Court stating who the Sheriff has appointed to look after the affairs of someone who is not able to look after those affairs for himself or herself. It also details what the appointed person or persons can actually do.
The order allows whoever has been appointed by the Sheriff (called ‘Guardians’), to manage on an ongoing basis the financial or welfare affairs or both, of someone who is unable to deal with those matters.
Financial Institutes can only accept orders which gives the Guardian control over the Adults ‘Financial or Welfare’ or ‘Financial only’ matters.
This is an order provided under the Adults with Incapacity (Scotland) Act 2000 from the Sheriff Court stating who the Sheriff has appointed (the ‘Intervener’) to make a particular decision or to take certain action on behalf of someone who is not able to do that for himself or herself. Once that particular decision or certain action has been completed the order will automatically expire.
Local Authority ‘suitable person’ managing a direct payment
Local authorities can pay direct payments so people who need health or social care can arrange and pay for that care themselves. A local authority may allow a ‘suitable person’ to manage a direct payment paid for another person’s care. This usually happens if the person the direct payment is for cannot manage their care because they lack mental capacity.
The local authority can decide who should be the suitable person. This could be an attorney, deputy, Department of Work and Pensions appointee or other person, such as a carer. The suitable person will be the only person who can have access to and manage the direct payment. If an attorney, deputy or Department of Work and Pensions appointee is not appointed as the suitable person, they cannot get access to and manage the direct payment.
Department for Work and Pensions Appointee
The Department for Work and Pensions can appoint someone (called an appointee) to act on behalf of a person receiving state benefits who cannot manage their benefit-related affairs because they have a physical disability or do not have mental capacity.
The Department for Work and Pensions will issue an appointee with a BF57 form to confirm their appointment.
An appointee has authority only to manage the other person’s benefit payments. If the appointee needs to manage the persons other finances they will need to seek advice on other options which would be more suitable – such as a Power of Attorney or Deputyship Order.
Deputyship Order (also known as Court of Protection)
The Court of Protection (in England and Wales) protects the rights of people who do not have mental capacity. When a person who does not have mental capacity has not previously made, or is not capable of making, a Power of Attorney arrangement, the Court of Protection can decide who can handle that person’s affairs. Usually a close friend, family member or someone else who can be trusted applies to the Court of Protection for a court order to appoint a ‘deputy appointment’. The court order will set out what decisions the deputy can make on behalf of the person who does not have mental capacity (for example, it might say that decisions can only be made about that person’s pension or mortgage).
Ordinary Power of Attorney (also known as General Power of Attorney)
A Power of Attorney is a legal document whereby one person, the 'Donor’ (or ‘Granter’ in Scotland) gives another person or persons, the ‘attorney’, the power to act on his or her behalf with regard to his or her property and financial affairs.
An ordinary Power of Attorney may be setup for various number of different circumstances, examples are:
- Going away on holiday for a significant period of time and wants a trusted person to manage their finances
- Going into hospital and may be unable to deal with their financial affairs for some time
- Have physical difficulties getting into a branch in person to withdrawal funds or deal with matters face to face
- May be committed to prison.
An Ordinary Power of Attorney will end either at a specified time or upon the request of the ‘Donor’ at any time. It will automatically be revoked if the donor loses mental capacity or upon their death. There’s no requirement for an Ordinary Power of Attorney to be registered with the Office of Public Guardian.
Lasting Power of Attorney (Property and financial affairs)
A property and financial affairs Lasting Power of Attorney enables a person (called the ‘donor’) to appoint another person (the ‘attorney’) or people to make decisions about their finances and property if they become unable to make these decisions and, in some cases, while the donor still has mental capacity.
A Lasting Power of Attorney must be made by the donor. They can choose to give you, the attorney, authority immediately or only when the donor loses the ability to make decisions. The donor can place restrictions on how you can manage the account, and an also include guidance for you in the Lasting Power of Attorney. You’ll need to make sure that any restrictions, conditions or guidance do not prevent you from being able to manage the account. Before you can use your authority, the Lasting Power of Attorney must be registered with the Office of the Public Guardian.
Enduring Power of Attorney
Enduring Power of Attorney An Enduring Power of Attorney is when a person makes a decision, before they become incapacitated, to appoint somebody they trust (the attorney), to look after their finances or property. Enduring Power of Attorneys can no longer be made as they were replaced by Lasting Power of Attorney under the Mental Capacity Act 2005. However, if there was an Enduring Power of Attorney in place before 1 October 2007, it can still apply.
If the donor has mental capacity, you can use the Enduring Power of Attorney without it having to be registered. However, if you believe the donor has lost or is losing their mental capacity, you can only operate the Enduring Power of Attorney once it has been registered with the Office of the Public Guardian, or if it was registered with the Court of Protection before 1st October 2007.
Continuing Power of Attorney (Scotland)
A Continuing Power of Attorney gives power over your (‘granter’s’) property and finances. This power may start immediately and will continue in the event of your incapacity or it may begin at a later date e.g. when you become incapable. It will be your (the ‘granter’s’) choice when the continuing Power of Attorney is to begin. The powers must be written down individually to make it clear as to what decisions your attorney can make on your behalf.