Adults with Incapacity Amendment Act: consultation
Authority of the Public Guardian
Section 6(2)(c) of the Adults with Incapacity Act (AWI Act) gives the Office of the Public Guardian (OPG) the authority to receive and investigate any complaints regarding the exercise of functions relating to the property or financial affairs of an adult made in relation to continuing (financial) attorneys, intromissions with funds, guardians or persons authorised under intervention orders.
However, the OPG is not allowed to investigate any matters or concerns in relation to a deceased adult. The AWI Act currently only provides official status for the OPG to ensure the estate of an adult with incapacity is protected for the benefit of the adult. The OPG has said that a discretionary power to continue investigations after the adult has died would be very useful. This would minimise the risk of misappropriation of funds in an adult’s estate. There is also the consideration of other adults who may be at risk if the OPG is not permitted to continue an investigation after the death of the adult.
We agree with the views of the OPG and propose that section 6(2)(c) be amended to enable an investigation carried out by the OPG, if appropriate, to be continued after the death of the adult, so long as the investigation has started before the adult died.