Adults with Incapacity (Scotland) Act Management of Residents Funds. Supervisory Body & Authorised Establishments

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1 Adults with Incapacity (Scotland) Act 2000 Management of Residents Funds Supervisory Body & Authorised Establishments Policy & Operational Procedures Lead Manager: Anne Tierney, Patient Affairs Manager Responsible Director: Anne Hawkins, Director Glasgow City CHP Approved By Adults with Incapacity Supervisory Body Date Approved: 23 rd November 2011 Date for Review: December 2013 Replaces Previous Version Replaces version 2 nd June 2009 Coming into Operation from 1 st December 2011

2 CONTENTS Page 1. General 1 2. The Role of the Supervisory Body 3 3. Authorising the Establishment 4 4. The Role of the Authorised Manager 5 5. Application process for a Certificate of Authority 6 6. Non intimation to Resident 8 7. Further Authorisations 8 8. Amendments to an Existing Certificate of Authority 9 9. Renewal of a Certificate of Authority Revocation of a Certificate of Authority Inspection and monitoring Complaints Remedial Powers Information Management 13 APPENDICES A. Flowchart Application 14 B. Letter Set - Supervisory Body 15 C. Letter Set - Authorised Managers 24 D. Section 37(2) Certificate of Incapacity 37 E. Certificate of Non Intimation 38 F. Authorised Establishments NHS Greater Glasgow & Clyde 39 G. Inspection and Monitoring Arrangements 42 H. Multi Disciplinary Review Meeting Template 44 ii

3 Section 1 General 1.1 The Adults with Incapacity (Scotland) Act 2000 sets out the framework for regulating intervention in the affairs of an adult who has, or who may have, impaired capacity in a wide range of property, financial and welfare matters. 1.2 Management of an adult s finances is seen as an important measure under the Act. However any financial intervention must be carefully considered not only within the principles of the Act but also in the context of overall care. This document sets out the responsibilities of NHS Greater Glasgow & Clyde and its establishments with regard to the Management of Residents Funds and should be read in conjunction with the Codes of Practice for Supervisory Bodies 1 / Managers of Authorised Establishments Part 4 of the Act provides a mechanism whereby managers of NHS hospitals and other care establishments may manage the finances of adults who reside there and who, in the opinion of a qualified Medical Practitioner, lack capacity to make decisions regarding their financial affairs. 1.4 There are 5 principles which must be taken into account when making decisions in relation to adults with impaired capacity. These are: Benefit Intervention should only be made where it is clear that it will benefit the adult. Minimum Intervention Intervention should be the least restrictive option in relation to the freedom of the adult. Take Account of the Wishes of the Adult Intervention must take into account the past and present wishes as well as the feelings of the adult so far as they can be ascertained by any means of communication. Consultation with Relevant Others In deciding if and what kind of intervention is to be made, the views of the nearest relative/primary carer/guardian/attorney/person whom the Sheriff has directed (as well as any other person deemed to have an interest in the welfare of the adult) should be considered. Encourage the Adult to exercise whatever Skills he/she has The adult should be encouraged, in so far as it is reasonable or practical to do so, to exercise whatever skills he/she has concerning property, financial affairs or personal welfare, and to develop new skills. 1 Code of Practice for Supervisory Bodies under Part 4 (2003) ISBN Code of Practice for Authorised Managers under Part 4 (2003) ISBN

4 1.5 All NHS Hospitals are Authorised Establishments under the Act. The premises that are authorised by NHS Greater Glasgow & Clyde are detailed in a Register of Authorised Establishments that can be accessed via the NHS Greater Glasgow & Clyde Web site. Authorised Establishments at the date of preparation of this Policy and Operational Procedure are listed at Appendix F. 1.6 NHS Greater Glasgow & Clyde as Supervisory Body will supervise systems and arrangements that comply with the Act, and Part 4 Codes of Practice. 1.7 Definitions Resident - an Adult (16 years or over) whose main residence is the authorised establishment. A typical example would be an adult who requires continuing 24- hour care and treatment within an NHS Hospital or care facility. Incapacity - may arise as a result of Mental Illness; Learning Disability; Dementia or inability to communicate due to a Physical Disability; Acquired Brain Injury, Stroke or, often on a temporary basis, because of functional psychosis. The incapacity may be permanent, short term or intermittent Senior Officer A member of staff designated to oversee the Supervisory Body and it s responsibilities under the Act as directed by the Board. Authorised Manager an officer appointed by NHS Greater Glasgow & Clyde via the Supervisory Body to manage the financial affairs of adults with incapacity, resident in Authorised Establishments within their area of responsibility. Deputising Officer The Senior Officer and Authorised Managers will each have a named deputy to step in and assume their responsibilities and duties during any absence e.g. due to holiday/ill health. The Deputising Officer should not be anyone who has operational responsibility for administering Residents Funds due to the requirement for separation of duties. Authorised Establishment All NHS hospitals are required to be Authorised Establishments for the purposes of Part 4 of the Act. Note of Authority Note issued by the appropriate NHS Board as Supervisory Body to each Authorised Establishment following a satisfactory inspection of financial and care management processes. Requires renewal annually. Certificate of Incapacity Issued by the qualified medical practitioner primarily responsible for the resident s care following examination of the patient to assess decision-making capacity and in consultation with relevant others. Valid for up to 3 years from date of signing. Certificate of Authority Issued to the Authorised Manager by the Senior Officer on receipt of a valid application to manage a resident s funds under Part 4 of the Act. Validity not to exceed 3 years or the length of a relevant Certificate of Incapacity issued in respect of the resident. Note: Additional authorisation is required where funds in excess of 10,000 are to be managed. Incapacity Review - a multidisciplinary clinical and financial review held at intervals no greater than 6 monthly to review the management of individual resident s funds. 2

5 Patient Affairs any members of staff, including hospital cashiers, who administer pensions / benefits and /or private bank accounts on behalf of patients who are unable to manage their own affairs 1.8 When Funds cannot be managed Part 4 of the Act does not apply where other proxy arrangements are in place for managing a resident s finances, i.e. A Continuing Power of Attorney where individuals make plans for their future by granting, in writing and duly witnessed, such a power to a person of their choice (at a time when they have capacity to do so) detailing management of their financial affairs, and which has been registered with the Office of the Public Guardian. or An Authority to Access Funds (Intromit with funds) has been granted by the Office of the Public Guardian to an appropriate individual or organisation on sight of the relevant Certificate/s of Incapacity. or An Intervention or Guardianship Order with relevant financial powers approved by the Courts. or Appointeeship (either by a relative or corporately) of funds which are excluded by the Act from being managed because they are payments of the type of Social Security Benefits from the Department of Work & Pensions. However if residents meet the criteria below, Part 4 provisions may apply alongside an Appointeeship. Where monies are held under an Appointeeship, the same level of scrutiny as provided under Part 4 should be applied. 1.9 When Funds can be managed under Part 4 Where the adult: Lacks capacity Is resident in the establishment Has no other lawful means for funds to be managed in place Has no one else available or willing to manage funds Has savings over 1000 and / or Independent financial means they will meet the criteria for an application to manage funds under Part 4. Section 2 - The Role of the Supervisory Body 2.1 The Supervisory Body is responsible for monitoring and reviewing the manner in which managers of an authorised NHS establishment are conducting the management of a resident s affairs under Part 4 of the Act. 3

6 2.2 The authorised establishments for which the Board has responsibility will be divided up in to three registers: Adult RAD and Acute Physical Inpatient services Older Peoples Mental Health Within RES / CHCP /CHP Adult Mental Health, Learning Disabilities. Forensic and Addictions 2.3 NHS Greater Glasgow & Clyde will nominate for each register one Senior Officer to take overall responsibility and a Deputising Officer to undertake the role in the absence of the Senior Officer through holidays/ill health. The Director of the Glasgow City Community Health Partnership has been nominated as Lead Executive to chair the Supervisory Body. It is important that Senior & Deputising Officers have relevant experience to determine the extent to which decisions made under Part 4 flow from consideration of salient issues in the context of the resident s overall care plan. 2.4 The Supervisory Body will ensure that Authorised Managers have established procedures in each establishment to satisfy the annual review and inspection requirements. 2.5 The Supervisory Body will establish and formalise suitable inspection and monitoring procedures that provide for the scrutiny of the Care Planning/Incapacity Review records which, with the financial records, provide the context in which financial decisions are taken. 2.6 Where the Board fulfils the role of a Supervisor and Provider, as NHS Greater Glasgow & Clyde does, it will be necessary to establish appropriate separation of functions. 2.7 The Supervisory Body is also responsible for: Granting Certificates of Authority Investigating Complaints Conducting Enquiries Retention and Management of Information Approval of Non Intimation to a Resident Preparation and distribution of information to staff, Authorised Managers regarding the provisions of part 4 of the Act 2.8 The Supervisory Body has the power to: Revoke a Manager s authorisation to manage a patient s affairs Take over, on a temporary basis, the management of a patient s affairs. Delegate to individuals the responsibility to carry out specific functions. Section 3 - Authorising the Establishment 3.1. Before there can be intervention in the affairs of one of its residents an Authorised Manager must be appointed for the relevant Authorised Establishment. To gain this status the Authorised Manager will need to receive a Note of Authority (see Appendix B Letter SB8) The Lead Executive (on behalf of NHS Greater Glasgow & Clyde in its role as Supervisory Body) will issue a Note of Authority to each Authorised Manager confirming his/her general authority to manage the financial affairs of residents in 4

7 specified accommodation. The Note will identify the Authorised Establishments within each Authorised Manager s area of responsibility The Note of Authority will be issued following an inspection of arrangements for managing the financial affairs of residents The Note of Authority will be reviewed and renewed annually on the anniversary of first issue. Section 4 - The Role of the Authorised Manager 4.1 The Authorised Manager is responsible for making applications under Part 4, ensuring completion of all relevant documentation, and monitoring and reviewing the manner in which clinical and support staff of a specified Authorised NHS establishment are conducting the management of a resident s affairs. 4.2 The Authorised Manager will ensure the implementation of systems and arrangements that comply with the Act, and Part 4 Codes of Practice. This will include ensuring that staff discharging responsibilities under the Act receive training and supervision and that Codes of Practice and local guidance documents are available. 4.3 The Authorised Manager will take overall responsibility for the work in respect of the Act, although a Deputising Officer can also be appointed to step in and undertake this role in the absence of the Authorised Manager through holidays/ill health. 4.4 The Authorised Manager may delegate the day-to-day operational and clinical responsibilities to appropriate Managers/Nurse Leads. The Officer so delegated should be one who has knowledge and understanding of the Act in the context of the work done by multidisciplinary teams that are engaged in planning and reviewing the resident s overall care. 4.5 The Authorised Manager will ensure that there is an up-to-date Register of residents whose affairs are managed under part 4 of the Act, and details of arrangements in place to manage their affairs, including Certificates of Authority issued. 4.6 The Authorised Manager will establish arrangements in order to satisfy the annual review and inspection requirements of the Board in relation to their responsibility for ensuring that the arrangements for the management of residents financial affairs are acceptable. 4.7 The Authorised Manager will ensure that the funds of all residents deemed to be incapable are managed lawfully 4.8 The Authorised Manager will ensure that all external funds e.g. from banks or building societies are ingathered into the hospital for any patient for whom he/she has been issued with a certificate of authority 4.9 Arrangements made by the Authorised Manager will include agreeing and implementing standardised systems throughout their area of responsibility for assessment and review of decision-making capacity in keeping with the principles of the Act. These assessments and reviews should be incorporated into clinical care planning, including discharge planning, especially when it involves alternative care providers Reviews of residents funds management should be multidisciplinary and include the Authorised Managers (or their deputies) and/or Patients Affairs staff (see 5

8 definition) as well as the Clinical Team. Records of these reviews should be specific to each resident and held in individual case records When Certificates of Authority are varied or revoked for any reason, the Authorised Manager is responsible to ensure this information is updated in the resident s case record When residents, who continue to lack capacity, are to be discharged from the Authorised Establishment, it is the Authorised Manager s responsibility to ensure that appropriate arrangements are in place to transfer responsibility to another establishment or individual If such arrangements cannot be concluded prior to discharge, then the Authorised Manager has continued authority for up to 3 months after the date of the patient s discharge from hospital The Authorised Manager must inform the Supervisory Body at the earliest opportunity if no suitable arrangements can be made within three months to transfer the management of a patient s funds on discharge from hospital. The Authorised Manager should ensure that all staff are aware that: o o any dealings with residents funds, including purchases must comply with NHSGGC Standing Financial Instructions (SFIs) and achieve best value for the resident. they must comply with The Code of Conduct for Staff ( cuments/codeofconductforstafffinal2.pdf), including the circular Standards of Business Conduct for NHS Staff [NHS Circular MEL (1994) 48], which contain specific guidance on the acceptance of gifts and hospitality and other conflicts of interest The Authorised Manager must take action to rectify any non-compliance with SFIs/the Code of conduct and should immediately notify the relevant CHP Director or Acute Services Director and the Board s Fraud Liaison Officer where any breaches are suspected to have resulted in losses of residents monies or otherwise give rise to suspicions of fraud or corruption (in accordance with the Board s Fraud Policy included in the Code of Conduct for Staff). Section 5 - Application Process for a Certificate of Authority 5.1 The Authorised Manager following a multi disciplinary team meeting will intimate (serve notice in writing) to the resident and the resident s nearest relative, where it is reasonable and practicable to notify the nearest relative, of the intention to assess the residents capacity with a view to managing the residents funds under part 4 of the Act. (Appendix C Letter AM1 (an easy read version AM1 ER is also available) & AM2) 5.2 The Authorised Manager will allow a 15 working day period to elapse prior to organising a medical examination to allow for comments from interested parties. If enquiry is made by an interested party the process will be put on hold until such 6

9 time as alternative arrangements for the management of funds can be discussed and an agreed action put in place. 5.3 The Authorised Manager will arrange for the assessment of the residents capacity by a Medical Practitioner who will, if appropriate, complete a Certificate of Incapacity under section 37(2). (Appendix D) 5.4 The Authorised Manager will send a copy of the Certificate of Incapacity and a copy of Notice of Intention to Manage the Financial Affairs of a Resident to the resident. 5.5 The Authorised Manager will submit to the Supervisory Body: A Notice Of Intention To Manage The Financial Affairs of a Resident (Appendix C Letter AM3) An Application for a Certificate of Authority. (Appendix C Letter AM3) A Certificate of Incapacity completed by a Medical Practitioner. (Appendix D) 5.6 The Certificate of Incapacity must be submitted to the Supervisory Body within 5 working days of completion. It is recommended that the Notice of Intention and Application for a certificate of authority are submitted at the same time. (See 5.5. above) 5.7 The Notice of Intention To Manage The Financial Affairs of a Resident must include the following information: Name, date of birth of resident, CHI number and name and address of the establishment where the resident resides Details of the people consulted Details of what alternative actions have been considered and why they are deemed inappropriate, and how the intervention will benefit the resident (attach copies of most recent MDT Minutes and Spending Plan). Name and contact details of the Nearest Relative Whether the resident has a DWP Appointeeship arrangement in place, who this appointee is and their address Proposed duration of the intervention Proposed timing and arrangements for reviews. 5.8 The application for a Certificate of Authority should include: The relevant account(s) of the resident and the fundholders; The name and address of the fundholders (banks, building societies etc); Whether any cash may be held on behalf of the resident; The persons to be authorised to withdraw and spend funds. It is recommended that wherever possible those authorised be limited to: Authorised Manager and Deputy Patients Affairs Officers / Staff A confirmation that any funds exceeding 500 are to be placed in an interest bearing account. 7

10 5.9 The Supervisory Body will notify in writing the residents nearest relative of the application where it is reasonable and practicable to do so. (Appendix B Letter SB2) 5.10 The Supervisory Body will allow 10 working days to elapse before issuing the Certificate of Authority to allow for comments from interested parties. If enquiry is made by an interested party the process will be put on hold until such time as alternative arrangements for the management of funds can be discussed and an agreed arrangement put in place Only one Certificate of Authority will be issued to the relevant Authorised Manager. The storage of this certificate and access to it by relevant staff is the responsibility of the Authorised Manager On issue of the Certificate of Authority, the Supervisory Body will inform the Fund Holders (i.e. banks, building societies) in writing of the issue of the Certificate of Authority, the names of the Authorised Persons, the accounts covered and the period covered by the Certificate.(Appendix B Letter SB3) Section 6 - Non Intimation to a Resident 6.1. There will be occasions when the Authorised Manager, in consultation with the multidisciplinary care team, considers that intimation to a resident of the intention to assess capacity by an examination and/or manage their funds due to incapacity would pose a serious risk to the health of that resident In these circumstances, the Authorised Manager must write to the Supervisory Body seeking a Direction not to inform the resident of the proposed assessment of capacity and/or the intention to manage their financial affairs. (Appendix C Letter AM5) This request for a Direction should be accompanied by 2 supporting medical reports (1 from an Approved Medical Practitioner). The nearest relative must also be informed by the Authorised Manager (Appendix C Letter AM4) 6.3. If medical support is given for non-intimation, the Supervisory Body may issue a written Direction (Appendix C Letter SB1) that the resident does not have to be notified of the intention to assess capacity and/or manage their affairs. Thereafter, the Authorised Manager will arrange for an assessment of the resident s capacity by the Responsible Medical Officer The non intimation Direction applies to the resident only and does not exclude the notice to the nearest relative. The presumption will always be that the nearest relative should be intimated. However if non intimation to the nearest relative is under consideration the Authorised Manager must provide supporting evidence in a written request to the Supervisory Body who will decide what action will be taken. Section 7 - Further Authorisations. 7.1 Clear limits are laid down by the Act in respect of the value of assets to be managed on behalf of the resident. These are limited to: 10,000 for cash and funds and 500 in any single transaction 100 value for disposal of moveable property (i.e. furniture, pictures, jewellery, etc.) 8

11 7.2 The Authorised Manager must request further written authority from the Supervisory Body to: i) Dispose of a resident s moveable property with a value above 100. Separate authority is required for each item or transaction. (Appendix C Letter AM9) ii) Manage total funds with a value greater than 10,000. (Appendix C Letter AM8) iii) Spend in excess of the authorised sum. (Appendix C Letter AM7) 7.3 If the funds held for an individual under Part 4, as authorised by the Supervisory Body, are in excess of , the Authorised Manager must demonstrate that there are no other options under the Act for management of the funds, including guardianship. Section 8 - Amendments to an Existing Certificate 8.1. Where significant details in the Certificate of Authority require to be changed (see paragraph 5.7 above) (i.e. authorised person s, bank accounts) the Authorised Manager must submit a written request for a variation to the Supervisory Body along with the necessary evidence. (Changes to the residents ward would not normally require a new certificate to be issued providing the Authorised Manager and establishment for the resident have not changed) 8.2. Upon receipt, the Supervisory Body will review the evidence provided and satisfy itself as to the need for the variation An amended Certificate of Authority will be issued within 10 working days where appropriate. 9

12 Section 9 - Renewal of Certificate of Authority 9.1. A Certificate of Authority will expire at the same time as a Certificate of Incapacity expires. Therefore action must be taken promptly to renew a Certificate of Incapacity prior to its expiry date The Authorised Manager will follow the same application process for a renewal as set out in section 5. The notification letter to nearest relative letter (AM1) should be amended to reflect that this is a renewal of an existing Certificate of Authority The application will include a renewed Certificate of Incapacity and a copy of the minutes where it was agreed that continued management of funds was required. These minutes should reflect the opinion of the nearest relative. See Appendix H. (On occasion the Supervisory Body may grant a Certificate of Authority for a period of six months only due to the level of funds held to allow the Authorised Manager to explore other more suitable options under the Act. In such cases there may be no requirement for a renewed Certificate of Incapacity) 9.3. The Supervisory Body will issue a new Certificate of Authority within 10 working days after receipt. Section 10 - Revocation of Certificates of Authority Residents Regains Capacity 10.1 Where a resident regains capacity the Authorised Manager must: Notify the Supervisory Body within 14 days of the change in circumstance / discharge. Prepare a financial statement for the Resident as detailed in the Code of Practice page 44. Transfer / Discharge 10.2 Where a resident is transferred/discharged to another establishment the Authorised Manager must: Ensure proper and lawful arrangements to manage the residents funds are in place prior to discharge or can be in place prior to the expiry of the 3 month extended management period. Notify the Supervisory Body within 14 days of the change in circumstance / discharge and discharge address details. Prepare a financial statement up to the date of transfer/discharge for the new authorised manager and resident as detailed in the Code of Practice for Authorised Managers (Section 8:14 8:17 page 44 45). The Authorised Manager of the establishment to which the patient has been transferred must Ensure that an assessment of capacity takes place Notify the Supervisory body of the outcome of that assessment 10

13 Apply for a Certificate of Authority, where applicable Death of a Resident 10.3 A Certificate of Authority ceases to be valid on the death of a resident. NHS Greater Glasgow and Clyde (NHSGGC) has a responsibility to ensure that there are detailed written instructions on the disposal of property of deceased patients for all staff whose duty it is to administer, in any way, the property of patients. Reference should be made to NHSGGC Standing Financial Instructions, Section 19 Patients Private Funds and Property and also to NHSGGC Financial Operating Procedures, section 5.6 Death of a Patient. These instructions incorporate the guidance on this subject issued from time to time by the Scottish Government Health Directorates Inspection and Monitoring 11.1 The Supervisory Body should confirm in writing to the Authorised Manager what arrangements should be in place in order to satisfy the annual inspection requirements The Supervisory Body will request that the records of an agreed minimum of residents subject to part 4 in each authorised establishment are selected for inspection 11.3 The Supervisory Body will appoint one person with a clinical background and one person with a financial background to carry out the inspection The inspection will undertake the following: Scrutinise the selected residents care planning review records to ensure that they reflect the management, supervision and review of the resident (including management of funds) throughout the year and that their capacity to manage their own affairs has been reviewed at least annually and this is recorded in the care plan. Check any certificates included with the care plan to ensure they are in order. Initial and date any records reviewed as evidence of checking The Supervisory Body will expect evidence that the following principles have been addressed: The funds have been used with a view to improve the resident s quality of life, even where the benefit appears to be minimal. That all residents, where appropriate, have been consulted about spending. The views of relatives have been sought where possible. 11

14 Where a resident s return to living in the community is possible, or probable, consideration has been given for the need to save some of the resident s funds for use after discharge. Residents who cannot manage their own affairs have been placed on equal terms with residents who can. Resident s funds have not to be used to purchase goods or services normally provided from the NHS. Any item purchased on behalf of the resident is seen as their property Once the inspection of an authorised establishment has been completed a report will be compiled detailing: Number of records inspected The extent of compliance with the Act s provisions Any remedial action and recommendations The completeness of the inspection of that establishment for that year Internal Audit function of NHS Greater Glasgow & Clyde will carry out a review of the resident s funds system as part of their regular audit programme. This review will meet the Quantitative Monitoring requirements of the Act. If issues are identified, these will be dealt with through the Board s usual procedures Complaints 12.1 NHS Greater Glasgow & Clyde may receive a written or verbal complaint regarding the manner in which an Authorised Manager and/or persons named in the Certificate of Authority have or are handling a resident s financial affairs. The nature of the complaint should be set out in a written record and handled through the NHS Complaints Procedure Any complaint received in relation to Part 4 of the Act will be investigated by an officer who is familiar with the requirements of the Act A report on the outcome of any complaints received will be made to the Supervisory Body Remedial Powers 13.1 Where the Supervisory Body has approved the revoking of a Certificate of Authority or a Note of Authorisation the decision should be notified to the Authorised Manager in writing. The decision should include the following: The reasons for the decision; The effective date of revocation; Details of the appeals procedure; 12

15 A contact name, telephone number and address for all future communications with the Supervisory Body Be signed by the Lead Executive of NHS Greater Glasgow & Clyde This decision can be the subject of representations in accordance with the internal appeal procedures. In circumstances where the power to manage has been removed this decision can be appealed to the Sheriff within 14 days The revoking of a Note of Authority will automatically cancel all Certificates of Authority related to it. The Supervisory Body must inform the fundholders and ensure all the cancelled Certificates are returned. It will also be necessary to inform the resident (if appropriate), their nearest relative and any other appropriate agency.(i.e. Advocacy, DWP) 13.4 Given the implications of revocation it is necessary to consider the arrangements to apply in such cases which reflect the needs of the residents as a priority. The Note of Authority includes the name of the Authorised Manager and his Deputy. Where the Board considers a change of Authorised Manager to be beneficial it is envisaged that this would be processed in an orderly manner over a period of time, allowing the transfer of authority to the Deputy or other named person The impact on an Authorised Establishment of revoking the authorised status of that establishment will be to automatically cancel all individual Certificates of Authority. Such a decision would be a last resort when all other agreed actions have failed, and must be managed in an orderly fashion to avoid major management, logistical and resource problems, as well as major inconvenience to the residents. In such circumstances the most appropriate action, in consultation with the Authorised Manager and appropriate others, would be to transfer control to the nearest Authorised Establishment until such time as remedial action in the establishment in question is complete If an individual Certificate of Authority is revoked, the Supervisory Body will agree with the Authorised Manager what alternative arrangements will apply and notify the resident (if appropriate), their nearest relative, and the advocacy service (if involved) as well as the fundholders. Any revoked Certificate of Authority must be clearly marked as such on its face Information Management The Supervisory Body is required to maintain a register in electronic form and subject to the provisions of the Data Protection Act 1998 of the Authorised Establishments within their area of responsibility. The details in the register and records will require to be changed as a result of variations or revocations The register should include the following details for each Authorised Manager: Name Address Contact Number Designation Area of Responsibility The Supervisory Body will ensure a register is maintained of Certificates of Authority issued in respect of each resident, including: 13

16 Dates of review/renewal Any variations or revocations The Supervisory Body will ensure that suitable transparent records of its actions and decisions are compiled and maintained in respect of its obligations under the Act. 14

17 Adults with Incapacity (Scotland) Act 2000 Application for Management of Residents Finance Under Part 4 Appendix A Multi Disciplinary Team (clinical team and patient affairs) Decision to apply for authority to manage resident s funds: No other lawful management in place, available or appropriate Decision is consistent with the principles Discussion with resident and nearest relative (if possible) Discussion with relevant others e.g. care manager / social worker Authorised Manager 15 working days prior to the medical examination notification of the intention to carry out an examination is sent to: the resident (AM 1) the nearest relative (AM 2) Non intimation Only used where there would be a serious risk to the resident s health. Medical examination by 2 doctors Nearest Relative notified (AM4) Section 37(4) certificates completed Authorised Manager requests direction not to intimate to the resident from the supervisory body (AM5) Direction granted by supervisory body resident not notified of application (SB1) Medical Practitioner Carries out examination of capacity Issues Section 37(2) Certificate of Incapacity Authorised Manager Application to the supervisory body consisting of: Certificate of Incapacity (Section 37(2) Certificate) Notice of intention to manage a residents funds (AM3) Application for certificate of Authority Copy of following is given to the resident: (Where non intimation has not been granted) o The Certificate of Incapacity o Notice of intention to manage a residents funds Supervisory Body Upon receipt of application notice sent to Nearest Relative. (SB2) 10 working days after receipt of the application Certificate of authority to manage the residents finance issued. (Section 42 Certificate) Fundholders notification issued (SB3) 15

18 Appendix B Letter Set - Supervisory Body Code Purpose SB 1 Direction of Non Intimation SB 2 Notice of Application to Manage Funds Nearest Relative SB 3 Notification to Fundholders SB 4 Permission to Spend Funds In Excess of Authorised Sum SB 5 Permission to Manage Funds Above SB 6 Permission to Dispose of Moveable Property Above 100 SB 7 Certificate of Authority (Section 42) SB 8 Note of Authority 16

19 SB 1 Date Our Ref Your Ref Direct Line [Authorised Manager Address] Dear [Authorised Manager Name] Adults with Incapacity (Scotland) Act 2000 Part 4 Management of Residents Funds In respect of the request for Non intimation to [Residents Name] of the application to manage funds under part 4 of the Adults with Incapacity (Scotland) 2000 Act. The Supervisory Body [agrees / disagrees] that intimation to the resident would pose a serious risk to their health and therefore [grants / does not grant] a direction of non intimation in regard to this application. Yours sincerely Supervisory Body NHS Greater Glasgow & Clyde [Supervisory Body Address] 17

20 SB 2 [Nearest Relative Address] Date Dear [Insert Nearest Relative Name] Management of Residents Finances Part 4 Adults with Incapacity (Scotland) Act 2000 I am writing to inform you that an application has been made in respect of [Residents Name] by [Authorised Manager Name] who is the authorised Manager for [Hospital Name] under the Act. This application will allow the Authorised Manager and hospital staff to manage funds on behalf of [Residents Name]. This application is being made because the law places an obligation on to NHS Boards to supervise the reasons why and ways in which patient s money is spent in their best interests. The effect of the application is to make the hospital directly responsible to the Health Board for how the funds are managed. This application will make no difference to the way your relative s funds are managed on a day to day basis. I understand that you have already been made aware of this application and are not opposed to the Authorised Manager making this application. Before the Certificate of Authority to manage funds is issued to the Authorised Manager you must be allowed time to comment on this application. If you wish to do so you should write before [Insert Date] to: Supervisory Body [Supervisory Body address] If you have any questions with regard to this application you should contact the Ward Manager / Nurse in charge or the Authorised Manager on [Hospital Telephone Number]. Yours sincerely Supervisory Body NHS Greater Glasgow & Clyde [Supervisory Body Address] 18

21 SB 3 Date Our Ref Your Ref Direct Line [Fundholders Address] Dear Sir or Madam, Adults with Incapacity (Scotland) Act 2000 Part 4 Management of Residents Funds The Adults with Incapacity (Scotland) Act 2000 and its associated Codes of Practice sets out the framework for regulating intervention in the affairs of an adult who has impaired capacity in a wide range of property, financial and welfare matters. Under part 4 of the Act each NHS Board takes responsibility as a Supervisory Body for the NHS Hospitals in their area. The Supervisory Body is responsible for granting a Certificate of Authority under Section 42 of the Act. This allows those named on the certificate to access and manage any funds to which the adult is entitled to. The supervisory body has issued a Certificate of Authority under section 42 of the Act in respect of [Residents Name]. I understand that your bank/building society holds funds for this resident in the following accounts. [Account numbers of resident]. Those authorised by the Section 42 Certificate of Authority will be in contact with you to make arrangements with regard to the management of [Residents Name] funds. Yours sincerely Supervisory Body NHS Greater Glasgow & Clyde [Supervisory Body Address] 19

22 SB 4 [Authorised Manager Address] Date Our Ref Your Ref Direct Line Dear [Authorised Manager Name] Adults with Incapacity (Scotland) Act 2000 Part 4 Management of Residents Funds In respect of the request to spend funds in excess of the authorised sum on behalf of [Residents Name]. The Supervisory Body [grants does not grant] permission for you spend funds in excess of [Authorised Sum] but not in excess of [Maximum Sum in Request] This permission is only valid for this transaction. Yours sincerely Supervisory Body NHS Greater Glasgow & Clyde [Supervisory Body Address] 20

23 SB 5 Date Our Ref Your Ref Direct Line [Authorised Manager Address] Dear [Authorised Manager Name] Adults with Incapacity (Scotland) Act 2000 Part 4 Management of Residents Funds In respect of the request to manage funds in excess of on behalf of [Residents Name]. The Supervisory Body [grants / does not grant] permission for you to manage these funds in excess of The maximum amount to be managed before seeking further permission from the Supervisory Body is [Insert Sum] [Insert any further specific requirements attached to the authority] [Insert reason for refusing application and expected course of action to be taken by the authorised manager] Yours sincerely Supervisory Body NHS Greater Glasgow & Clyde [Supervisory Body Address] This permission must be attached to the existing Certificate of Authority 21

24 SB 6 Date Our Ref Your Ref Direct Line [Authorised Manager Address] Dear [Authorised Manager Name] Adults with Incapacity (Scotland) Act 2000 Part 4 Management of Residents Funds In respect of the request to dispose of moveable property above the value of 100 on behalf of [Residents Name]. The Supervisory Body [grants / does not grant] permission for you to dispose of the property listed below. [Insert list of property] Yours sincerely Supervisory Body NHS Greater Glasgow & Clyde [Supervisory Body Address] 22

25 SB 7 Adults with Incapacity (Scotland) Act 2000 PART 4- Management of Residents Funds Certificate of Authority - Section 42 This certificate is issued by NHS Greater Glasgow & Clyde as a supervisory body in relation to Part 4 of the Adults with Incapacity (Scotland) Act During the period of validity of the certificate, the authorised person(s) may make withdrawals from the specified accounts or other sources of funds of the resident. The fund-holders may make payments accordingly. The maximum amount of funds to be held under this authority is (unless permission has been granted by the Supervisory Body to manage funds in excess of this amount on a letter attached to this certificate). Any single transaction exceeding 500 requires separate authority from the Supervisory Body. Disposal of moveable property above the value of 100 requires separate authority from the Supervisory Body. This Certificate of Authority is issued to [Authorised Manager] as the Authorised Manager of [Hospital Name] on behalf of: Resident s name, date of birth and address: Name: Date of Birth: Address: Specified accounts or other source of funds: Authorised persons: This certificate is valid until: Signature Date Senior Officer NHS Greater Glasgow & Clyde Note: only persons named in this Certificate of Authority as authorised persons will have authority to withdraw, deposit or spend any cash belonging to a resident or to withdraw or spend funds from a resident s account. Issue Date: Certificate No. 23

26 SB 8 Adults with Incapacity (Scotland) Act 2000 Part 4 - Note of Authority On behalf of NHS Greater Glasgow & Clyde, recognised as a Supervisory Body in relation to Part 4 of the Adults with Incapacity (Scotland) Act 2000, I hereby confirm the authority of: (Authorised Manager) And (Deputising Officer) For All wards comprising (Service, Wards, Hospitals) Being duly designated to: i. Manage the financial affairs of adults with incapacity as prescribed in Part 4 of the Adults with Incapacity (Scotland) Act ii. Establish and maintain systems for the management of residents financial affairs, including: a) The delegation, as appropriate, of day to day responsibilities in the hospital site to appropriate ward managers of the wards (ward names) of (Hospital name). b) The maintenance of individual records for each resident whose financial affairs are being managed. c) The establishment of methods of work that ensure the requirements of the Act are complied with and that conform to the Code of Practice issued by the Scottish Executive for Managers of Authorised Establishments under Part IV of the Act. d) Periodic audit of individual resident s funds and overall systems of management of residents funds in keeping with recognised Policy & Procedures. This Note of Authority shall be effective until (date 12 months maximum) unless otherwise revoked. (Signed) Director, Glasgow City CHP as Lead Director for the Supervisory Body (On behalf of NHS Greater Glasgow & Clyde) Date: 24

27 Appendix C Letter Set - Authorised Managers Code AM 1 AM 1ER AM 2 AM 3 AM 4 AM 5 AM 6 AM 7 Purpose Notice of Intention to Manage Funds - Resident Notice of Intention to Manage Funds - Resident Easy Read Notice of Intention to Manage Funds Nearest Relative Application to Manage Funds Pack (Notice of intention to manage residents funds & application for Certificate of Authority) Non Intimation Notice to Nearest Relative Non intimation Application for Direction from the Supervisory Body Application to Vary a Section 42 Certificate of Authority Request for Permission to Spend Funds In Excess of Authorised Sum AM 8 Request for Permission to Manage Funds Above AM 9 Request for Permission to Dispose of Moveable Property Above 100 Copies of these standard letters in WORD format are available from the Mental Health Legislation Team at: Clutha House 120 Cornwall Street South, Glasgow G41 1AF Telephone /8263/

28 AM1 Date Our Ref Your Ref Direct Line Dear [Residents Name] Management of Residents Finances Part 4 Adults with Incapacity (Scotland) Act 2000 At the multi-disciplinary case conference on [insert date] it was agreed that I should apply for the authority to manage your finances under Part 4 of the Adults with Incapacity (Scotland) Act This will allow me to manage your financial affairs and ensure that there are appropriate measures in place in order for you to gain maximum benefit and protection for your finances. The first stage of the process is for me to request a medical examination to determine whether or not you lack the capacity to manage your own financial affairs. This medical examination is due to take place on [insert date]. I have enclosed an information leaflet about Management of Residents Finances. Further advice and information is available from:- The Office of the Public Guardian Hadrian House Callendar Business Park Callendar Road FALKIRK FK1 1XR Telephone No Web: The Mental Welfare Commission Thistle House 91 Haymarket Terrace EDINBURGH EH12 5HE Telephone No: Web: Alternatively, you may wish to contact an advocacy service to discuss any concerns you have. If you do not agree that a medical examination should take place then please contact me directly or via staff involved in your care by [insert date] so that your views and opinions may be fully discussed. Yours sincerely Authorised Manager 26

29 AM 1ER Date Our Ref Your Ref Direct Line Dear [Residents Name] I am writing to you because an application is being considered to help you manage your money while you are in hospital. As you know, the staff in the cash office receive your benefits and give you money at the direction of Dr [Insert RMO Name] and the ward staff. This will continue to happen and there will be no change to the way your money is managed under this new system. However, if you have anything you want to tell me about this or need any more help to understand it, please talk to [Ward Managers Name] the ward manager or [Named Nurse Name] your named nurse. If you want to speak directly to me tell the ward staff and they ll phone me. Yours sincerely Authorised Manager 27

30 AM 2 Date Our Ref Your Ref Direct Line [Nearest Relative Address] Dear [Insert Nearest Relative Name] Management of Residents Finances Part 4 Adults with Incapacity (Scotland) Act 2000 I am considering submitting an application to manage the finances of [Residents Name] under Part 4 of the Adults with Incapacity (Scotland) Act This will allow me to ensure that there are appropriate measures in place to gain maximum benefit and protection for [Residents Name]. The first stage of the process is for me to request a medical examination to determine whether or not [Residents Name] lacks the capacity to manage their financial affairs. This medical examination is due to take place on [insert date]. I have enclosed an information leaflet about Management of Residents Finances. Further advice and information is available from:- The Office of the Public Guardian Hadrian House Callendar Business Park Callendar Road FALKIRK FK1 1XR Telephone No Web: The Mental Welfare Commission Thistle House 91 Haymarket Terrace EDINBURGH EH12 5HE Telephone No: Web: Alternatively, you may wish to contact an advocacy service to discuss any concerns you have. If you do not agree that a medical examination should take place then please contact me directly or via staff by [insert date] so that your views and opinions may be fully discussed. Yours sincerely Authorised Manager 28

31 AM 3 Adults with Incapacity (Scotland) Act 2000 PART 4- Management of Residents Funds A) Notice of Intention to Manage a Resident s Funds Part 37(4)(b) I, being the Authorised Manager of (name & address of Authorised Establishment) give Notice of Intention to Manage the Financial Affairs of the Resident as detailed below and wish to apply for a Certificate of Authority (Section 42) in relation to Part 4 of the Adults with Incapacity (Scotland) Act Resident s name, date of birth and address: Full Name Date of Birth & CHI Number Current Address In pursuit of this application I have consulted the following people: Full Name Contact details Relationship to Resident In making this application, the following alternatives were considered but were deemed inappropriate for the reasons given: Alternative Actions considered Why not pursued 29

32 Benefits to Resident of this Application: The Nearest Relative of.is: Full Name Contact Details The Dept. of Works & Pensions Appointee of. is: Full Name Contact Details This notice is accompanied by Certificate(s) of Incapacity as detailed: Certificate Signed by (full Name & Contact details) Date of signing Duration of Certificate (up to 3 years) S.37 Review Arrangements: Type of Review Time Interval (minimum) Lead responsibility Multidisciplinary Clinical Incapacity Review 6 monthly Responsible Medical Officer & Ward Manager Fund Management Review 6 Monthly In-Patient Service Manager Audit Clinical & Financial yearly Authorised Manager 30

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