Adults with Incapacity Amendment Act: consultation
Transition to Access To Funds from intervention order
The Adults with Incapacity Act (AWI Act) refers to transitions to the Access To Funds (ATF) scheme from guardianships. Currently there is not an equivalent transition available from intervention orders. Instead, people are encouraged to apply for a guardianship order as it involves less paperwork. However this might not be the least restrictive method according with the principles of the AWI Act.
As it stands a transition to ATF from guardianship requires an application, but it doesn’t need a counter signatory and the Public Guardian may disapply the requirement for medical certificate. We propose that the same applies to intervention orders. For instance, in accordance with the least restrictive principle, there could be an intervention order to sell a house, but then authority under the ATF scheme to deal with the proceeds.