(Account reference )
Monday to Friday – 9am to 5pm
We understand that being a Financial Guardian or Intervener can be stressful and we would like to assist you in as many ways as we can. You will find below some frequently asked questions, should you have any further queries in respect of the bond, that are not covered below, please contact Marsh by email at LPS.enquiries@marsh.com or by telephone on 0207 178 4116.
Please note "The Adult" refers to the person to whom you have been appointed as Guardian or Intervener.
A. The Bond of Caution is a guarantee to pay any financial losses suffered arising from the Guardian/Intervener’s failure to perform their duties as directed by the Sheriff and/or the Office of the Public Guardian. Failure could be the accidental mismanagement of the estate, or may be a deliberate act of misappropriation/fraud.
A. The Sheriff appoints a Guardian/Intervener to look after the affairs of an Adult, who is unable to take care of their own affairs. For the Guardian/Intervener to act, the Sheriff may require a Bond of Caution to be in place to safeguard the assets/estate of “The Adult”.
A. The powers that each person has will depend on what your guardianship order says, most likely you will both/all have all powers. You are permitted to act individually on these powers, unless your order explicitly says you have to work jointly (this might be on all matters or just on a specific matter, or matters). Each guardian is responsible for his /her own actions or failures if things go wrong; this can include one guardian failing to make sure that the other guardian is acting properly.
A. If you have recently been granted a guardianship order an application for a Bond can either be made online at www.arrangebonds.com or by completing an application form and sending it to Marsh Limited, with payment for the first 12 months premium. You will receive confirmation within a few days that caution has been granted.
If you are a third party assisting the Guardian/Intervener(s) with the application of a Bond of Caution, you must enter the name, address and date of birth for the Guardian/Intervener and not your personal/firms details. This should be completed in the presence of the Guardian/Intervener so they understand the terms and conditions of the bond they are entering into.
A. Following recent improvements to the website, you can view all your Bonds of Caution via your ‘My Account’ log in. It may take up to 12 months before you will be able to view all your bonds, as they will get added when they become due
In addition, improvements have been made to the ‘contact us’ function within the website, enabling you to request variations in Caution and upload the required supporting documentation need to show the variation. You can also notify Marsh of a change of address, name, addition or removal of guardians, etc.
A. For guardians that have applied and accepted a new bond via the website, an account will have automatically been created. When your bond becomes due for its next annual payment you will be able to make that payment online using a credit or debit card.
Where a guardian has applied and accepted a Bond of Caution externally from the website, providing we/Marsh hold a valid email address for you, you will also be able to pay your annual premium online by credit or debit card when it becomes due. If you would be interested in managing your bond payments online contact us on 0207 178 4116 or email us at LPS.enquiries@marsh.com
A. If you are applying for a Bond where Caution is greater than £750,000 you can complete the application online, but won’t be able to accept online. This is because Bonds over £750,000 have to be referred and agreed by the insurer, Aviva Insurance Ltd.
Once you have completed the application online, you can download the form, sign and date it and email or post it to Marsh. Additional information will be required to support the application you have completed. One of our agents will contact you to obtain the supporting information required and complete the referral to the insurer.
A. If you have purchased a bond online an account is automatically created for you when you go through the bond application process and a bond certificate is accessible through the ‘My Account’ function.
When you go to ‘My Account’ you will be prompted to enter your email address and password. If you have not yet set a password as this is the first time you have attempted to login, simply click on the ‘can’t access your account?’ link and an email will be sent to your email address with a link to changing or creating your password. Once you have created a password, please keep this safe as it will be needed the next time you login.
A. When applying for a Bond of Caution via the website the lead guardian (the term lead guardian is used simply to describe a guardian applying for a Bond on behalf of all guardians) will have an account automatically created for them. Should you as a joint guardian wish to view this bond certificate, you will either need to speak with the lead guardian directly or you can contact Marsh Ltd on 0207 178 4116 or email Lps.enquiries@marsh.com and request us to issue you with a copy.
A. Payment can be made by Internet Banking/BACS, our account details are:
Please ensure to include your reference number beginning SPG/C with any payment.
Alternatively, you can make a payment over the telephone with a credit/debit card by calling us on 0207 178 4116, or you can send us a cheque for the amount due, made payable to Marsh Ltd.
A. The Caution amount is set by the Sheriff when the Court Order is made. The Order may state that the Office of the Public Guardian can adjust the level of cover required on an annual basis, to reflect the current value of the estate. If it does not, then only the Court can amend the level of caution cover required.
Marsh can only alter the level of cover by order of the Court or the Office of the Public Guardian. If you require additional assistance, please contact The Office of the Public Guardian on 01324 678300 or by email OPG@scotcourts.gov.uk.
For variations in Caution please do not apply for a new bond via the website, contact us and we will amend the existing Bond accordingly.
A. If there is an increase in the amount of Caution, for the majority of cases no additional premium will be required until the next anniversary.
Where there is a reduction, a refund may be given for the difference in the annual premium taking into consideration the premium paid at the last anniversary and the new annual premium due based upon the new amount of Caution.
A. As stated on the Bond of Caution Form “I/We shall not be entitled to any refund in the event of early termination or replacement of the bond”. Whilst no further premiums are payable, no refund is due because the bond remains in force for a minimum of one year after the termination/replacement date. This allows time for your final account to be reviewed by the Office of the Public Guardian, and your discharge processed, until such times the Cautioner still requires cover.
A. You should notify both Marsh and the Office of the Public Guardian of any change in your address or contact details as soon as possible. To notify us/Marsh you do this using the ‘Contact us’ function on the website.
A. If this has happened we apologise for any distress this may have caused you. It is possible we have not been informed of “The Adult’s” death by you or by the Office of the Public Guardian, resulting in an automated annual anniversary notice being sent. Please notify us and we will update our records immediately.
A. If you no longer wish to act as a Guardian/Intervener, you may be able to resign if a joint or substitute guardian is in place. Failing this, a replacement would require to be found before you could be relieved of your duties. The Bond of Caution premium is still payable until you are relieved of your duties.
A. If there is a single Guardian/Intervener then a new Guardian/Intervener and subsequently, a new Bond of Caution will have to be put in place (via a new Court Order). If the original Court Order has more than one Guardian/Intervener, jointly and severally appointed, and one or more of the Guardians/Interveners pass away, in order to remove the deceased Guardian/Intervener(s) a new Bond of Caution will have to be arranged. In both cases we would require the completion of a new Bond Application Form.
A. The Court and/or the Office of the Public Guardian can make a claim on the bond if, after investigation, it has been decided that accidental mismanagement or a deliberate act of misappropriation/fraud has resulted in a loss to “The Adult’s” estate.
A. Yes. The Guardian(s) is/are liable to the Cautioner for any sums paid out, following a claim on the Bond. The Cautioner “may” take such action as is appropriate against the Guardian(s) personally to recover any loss. Action may include requesting the funds be repaid to them, or civil court action etc.
You should also note that if, after investigation, the loss to “The Adult’s” estate is deemed deliberate, the Office of the Public Guardian may report the matter to the Police for further investigation.
A. There is a Legal & Counselling Helpline available to offer you support. This is a confidential and discrete service available day or night, free of charge; you only pay for the call.
Please note this is an advice only helpline.
A. You can contact the Office of the Public Guardian for support and assistance at any point, using the telephone number and email address previously stated. Alternatively you can visit their website at www.publicguardian-scotland.gov.uk for further information or to view the Adults with Incapacity (Scotland) Act 2000 Codes of Practice.
A. Yes, if you have an existing bond that is due for its anniversary, you can apply for a new Bond with Marsh. Once you have set up a new bond with us/Marsh you will need to let your existing Bond provider know you have transferred the Bond.
A. If you wish to register a complaint please contact your regular Marsh contact or:
Head of Quality
Marsh Ltd
Tower Place
London
EC3R 5BU
Phone: 020 7357 1000
Email: quality.feedback@marsh.com
Please quote your Bond certificate number. Should you remain dissatisfied with the way we resolve a complaint, you may have the right to refer to the Financial Ombudsman Service, free of charge. Their address is:
The Financial Ombudsman Service
Exchange Tower
E14 9SR
Tel: 0800 023 4567
Email: complaint.info@financial-ombudsman.org.uk
Further information can be found on the Financial Ombudsman Service website: https://www.financialombudsman.org.uk/
Or email us lps.enquiries@marsh.com