If there are welfare powers in place and recall is appropriate, a separate
application needs to be made to the local authority or Mental Welfare
Commission. In certain situations, however, an application should be made to
the court (see paragraph 5.1).
3.2 HOW MIGHT THE NEED FOR RECALL BE IDENTIFIED?
You may be in daily contact with the adult and as a result be aware that
changes are required. For example, there may have been a steady improvement
in the adult’s ability to manage their own affairs or it might now be a suitable
time to start thinking about a less intrusive measure.
The Public Guardian has authority to supervise and investigate ﬁnancial
guardians in the exercise of their powers. It is possible in the course of the
Public Guardian’s investigation that something comes to light that prompts
consideration to recalling ﬁnancial guardianship powers.
3.3 IS THERE A FEE FOR THIS?
Yes. This fee should be sent along with the application. All prescribed fees can
be found in the fees order, a copy of which can be accessed on the website,
www.publicguardian-scotland.gov.uk, or by telephoning the OPG.
4. The Public Guardian
4.1 CAN THE PUBLIC GUARDIAN TAKE STEPS TO RECALL
Yes. The Act allows the Public Guardian to recall the powers of a ﬁnancial
guardian at his own instance. This means that the Public Guardian does not
necessarily have to be prompted by receipt of an application from someone
described at paragraph 3.1.
There has to be evidence that either or both grounds for recall (see
paragraph 2.1) are satisﬁed. There are also certain processes that
must be followed prior to any decision about the recall of
powers being made.