Bond Of Caution

[Rallentando]

My mother has been in a care home in Scotland - I live in England. She is suffering from Dementia - an Adult with Incapacity - since 2006. She had savings of £34.000. In order to obtain a Financial Guardianship certificate from OPG one of the things I had to do was sign a Bond of Caution which had been set at £50,000 by a solicitor.
Care fees have swallowed up most of her funds and she is now down to £12.000., yet the insurance company are still expecting the same premium. I have spent 12 months trying to find a way of having it reduced or, better still, cancelling altogether, but no-one in Officialdom, though 'sympathetic', can or will, help me move forward with this. All I'm told is that I have to apply to the Sherriff court and I will need a solicitor, no idea of approximate cost and no one can say.

[plowter]

The Sheriff will have granted the guardianship order on condition you provide some form of security, in this case a bond of caution. This is an insurance bond to protect against any negligence in administering your mother's finances.

OPG seem to have an agreement with only two companies to provide security for guardians - Royal and Sun Alliance and Zurich GSG. The premiums charged may be different if the bond is issued through a solicitor rather than an individual.

You may be able to go back to court to have the value of the estate - and caution - reduced. Should be straightforward for a solicitor.

Why not contact the insurers and ask for their premiums? That should help you decide whether going back to court is worth the effort and expense.

OPG produce a useful leaflet on caution
http://www.publicguardian-scotland.gov.uk/docs/caution%20leaflet.doc

[black_cat51]

i am really confused. in england, social services take over if your savings get below around 23K and in scotland personal and nursing care is free.

[plowter]

black_cat, think you're right to consider the savings and care home fees.

In Scotland, local authority meets care and nursing costs. Accommodation costs are usually met by local authority (depending on capital limits) unless in a private care home where the resident pays their own accommodation costs.

Current capital limits for accommodation costs in Scottish care homes are £13,750 and £25,250. If savings are less than £13k social work should pay accommodation costs. Might be worthwhile asking social work for reassessment of circumstances.

[Rallentando]

Thanks to Plowter and black cat for replies.