RL, Re

In short then, the adult has a substantial estate, and because of his young age and the need to make adequate and proper provision to ensure that he remains cared for in the future, the task of administering his estate is a substantial one. His wife is devoted to him and to the task of caring for him. She is manifestly a suitable person to have that responsibility, indeed is the most suitable person to have it, and is to be admired for her continuing efforts.

When this Act was passed, it was the specific intention of Parliament to encourage lay members of the public to assume the role of guardian to an incapable adult. Providing for estates to be covered by insurance was thought to be the best way of protecting assets of one adult which were being administered by another. There is of course regular monitoring by the Office of the Public Guardian.

Unfortunately, there are only two insurance providers who have entered the market in Scotland ; the Royal and Sun Alliance, ("RSA") and the Zurich Insurance (" Zurich ") companies. The premiums charged are high and I am unaware of there ever having been a claim on any such policy. Indeed I am unaware of any significant, (if any at all), history of claims under previous common law or statutory legal arrangements for administering the affairs of others. Nonetheless, I recognise that it is a business, with risks to be assessed.

In this case, the solicitors acting for the guardian approached the RSA, but they said they would not be in a position to provide a bond unless the solicitors' firm undertook to control the monies along with the guardian. That is not the first time I have been told of a similar suggestion. What was proposed was the firm opening an account in their name and that of the guardian and somehow safeguarding the funds.

They refused, and quite rightly too. They have not been appointed guardian, nor any of their individual members. They have no power or authority to any such thing.