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Adults with Incapacity (Scotland) Act 2000

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Management planS

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1(1)A guardian with powers relating to the property and financial affairs of the adult shall, unless the sheriff otherwise directs, prepare a plan (a “management plan”), taking account of any directions given by the sheriff in the order appointing him, for the management, investment and realisation of the adult’s estate and for the application of the estate to the adult’s needs, so far as the estate falls within the guardian’s authority.

(2)The management plan shall be submitted in draft by the guardian to the Public Guardian for his approval, along with the inventory of the adult’s estate prepared under paragraph 3, not more than one month, or such other period as the Public Guardian may allow, after the submission of the inventory.

(3)The Public Guardian may approve the management plan submitted to him under sub-paragraph (2) or he may approve it with amendments and the plan as so approved or as so amended shall be taken account of by the guardian in the exercise of his functions in relation to the adult.

(4)Before the management plan is approved, the guardian shall, unless the sheriff on appointing him has conferred wider powers, have power only to—

(a)ingather and take control of the assets of the adult’s estate so as to enable him, when the management plan has been approved, to intromit with them;

(b)make such payments as are necessary to provide for the adult’s day to day needs.

(5)The Public Guardian may authorise the guardian to exercise any function within the scope of his authority before the management plan is approved, if it would be unreasonable to delay him exercising that function until the plan had been approved.

(6)The guardian shall keep the management plan under review and shall put forward to the Public Guardian proposals for variation of it whenever it appears to him to be appropriate.

(7)The Public Guardian—

(a)may at any time propose any variation to the management plan; and

(b)shall review the plan whenever the guardian submits his accounts for audit.

(8)The Public Guardian shall notify the guardian of any variation which he proposes to make to the management plan and shall not make any such variation without affording the guardian an opportunity to object.

(9)Having heard any objections by the guardian as mentioned in sub-paragraph (8) the Public Guardian may make the variation with or without amendment.

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