102.This section provides for a new statutory scheme under which the Public Guardian may grant authority for individuals to have access to and use (intromit with) the funds of an adult with incapacity who cannot look after those funds properly. Those who apply are expected to be family members or carers. Staff of social work departments or other statutory bodies cannot be given authority. The scheme applies to funds held by any individual or organisation in an account where the adult is the sole holder of the account. It is envisaged that the scheme will apply mainly to bank and building society accounts, although it would extend to any similar organisation.
103.Subsection (2) requires the adult’s account to be specified clearly and clarifies that only one authority to have access to the adult’s funds can be granted at any one time. It would not, therefore, be possible for two people to have access to the adult’s funds for different purposes.