Adults with Incapacity Amendment Act: consultation
Application when there is already authorisation to intromit with the same funds
The Adults with Incapacity Act (AWI Act) states that an application cannot be made to intromit with an adult’s funds if a person is already authorised to intromit with the funds of the adult to whom the application relates.
We think the wording “already authorised to intromit” is confusing and rather than refer to applications under this section, could refer to authorisations under other provisions as well, such as Department of Work and Pensions appointments. We intend to clarify that a bar to applying under this section only applies if someone already is authorised only under Part 3 of the AWI Act to intromit with the same funds.