Adults with Incapacity Amendment Act: consultation

The Adults with Incapacity Act states that the withdrawal certificate may (amongst other powers) “authorise the continuance or making of arrangements for the regular or occasional payment of funds from the adult’s current account for specified purposes (for example: by standing order or direct debit)”

We think this is too restrictive. In order to make any adjustments to any existing arrangements that have been set up on the adult’s current account (for instance a standing order or direct debit), the withdrawer would need to apply for a full variation order.

The wording is limiting and additionally, needs to grant the withdrawer, via the withdrawal certificate, power to vary any prearrangements on the adults account.

What we think the withdrawal certificate should allow

We think the withdrawal certificate should allow:

• authority to open or close an account in the adult’s name
• transfer of funds between the adult’s accounts
• the continuance, variance or making of arrangements for the regular or occasional payment of funds from the adult’s current account for specified purposes (for example by standing order or direct debit)
• the termination of regular or occasional payment of funds from the adult’s current account for specified purposes (for example by standing order or direct debit)
• the withdrawal of funds from the current account for specified purposes
• administration and disbursement of funds for Self-Directed Support