Office of the Public Guardian (Scotland)

The Office of the Public Guardian (OPG) in Scotland, is a public body based in Falkirk as part of the Scottish Court Service, established in April 2001 following the passing of the Adults with Incapacity (Scotland) Act 2000.

History

Scots law This article is part of the series: Law of Scotland Administration Scottish Government Cabinet Secretary for Justice Judicial Appointments Board Scottish Legal Aid Board Scottish Court Service College of Justice Office of the Public Guardian Scottish Law Commission Scottish Criminal Cases Review Commission Scottish Prison Service Civil courts Supreme Court Court of Session Lord President Lord Justice Clerk Lords of Session Office of the Accountant of Court Act of Sederunt Sheriff Court Sheriff Principal Sheriff Criminal courts High Court of Justiciary Lord Justice-General Lord Justice Clerk Lords Commissioner of Justiciary Sheriff Court Sheriff Principal Sheriff Justice of the Peace Court Justice of the Peace Special courts Court of the Lord Lyon Lord Lyon King of Arms Scottish Children's Reporter Administration Children's Hearings Scottish Land Court Lands Tribunal for Scotland Criminal prosecution Lord Advocate Crown Office Advocate Depute Procurator Fiscal Fiscal fine Precognition Legal profession Faculty of Advocates Advocate Law Society of Scotland Solicitor-Advocate Solicitor Association of Commercial Attorneys

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.

See also

• Office of the Public Guardian (England and Wales)

External links

• Office of the Public Guardian (Scotland): official website
• Adults with Incapacity (Scotland) Act 2000
• Adults with Incapacity (Scotland) Act 2000 Explanatory Note