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Adults with Incapacity (Scotland) Act 2000

Section 29: Withdrawal and use of funds

119.Subsection (1) allows the fundholder of the adult’s account to release to the designated account the amounts authorised by the Public Guardian’s certificate of authority.

120.Subsection (2) confirms that the fundholder of the adult’s account is liable to repay to the adult any amounts it has released from the adult’s account after the Public Guardian’s authority has been withdrawn. Although the fundholder is liable to make repayments to the adult, they may subsequently attempt to recover the sums concerned from the withdrawer.

121.Subsection (3) allows the Public Guardian to authorise other payments from the adult’s account, for example a one-off payment to a supplier for goods or services

122.Subsection (4) allows an appeal to the sheriff against a decision of the Public Guardian not to allow access to the adult’s funds, either for one of the specified purposes on a regular basis, or for an exceptional payment. The sheriff’s decision will be final.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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