Adults with Incapacity Amendment Act: consultation
Inclusion of authorised establishments in the Access To Funds scheme
The Adults with Incapacity Act (AWI Act) allows ‘a body’ to apply for Access to Funds (ATF). For example, local authorities can apply. However, it excludes authorised establishments within the meaning of section 35(2) from applying. Authorised establishments under section 35(2) are:
- a health service hospital
- an independent hospital or private psychiatric hospital
- a state hospital
- a care home service
- a limited registration service
This is because they are specifically catered for by Part 4 of the AWI Act dealing with management of residents’ finances. Part 4 is very little used, as described later and we are proposing that it is removed. On that basis we think that authorised establishments should be allowed to apply under the ATF scheme, along with other organisations.