Bonds of Caution – Scotland

The Bond of Caution is a guarantee to pay any financial losses arising from the Guardian/Intervener’s failure to perform their duties as directed by the Sheriff and/or the Office of the Public Guardian. 

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”. 

You are jointly responsible to act in the best interests of the Adult. This will include one guardian making sure the other(s) are acting appropriately. Refer to your Guardianship order for more information on this.

Applications can either be made on-line at www.arrangebonds.com or by completing an application form and returning it to Marsh Limited, along with payment. You will receive confirmation within a couple of 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, date of birth and contact information 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.

You can apply for a new bond and renew an existing bond via the website.

Currently, you are not able to vary Caution via the website but you can use the contact us function to notify us of a variation in Caution and upload any supporting documentation.

For Bonds of Caution greater than £750,000, supporting documentation and approval from the insurer is required. As a result you can use the website to apply, but in order to accept and pay for the bond you will need to speak with a member of our staff.

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. Access can be arranged for you to view the same bond by contacting Marsh Ltd on 0207 178 4116 or email Lps.enquiries@marsh.com

Payment can be made by Internet Banking/BACS our account details are:

Account Name: Marsh Ltd
Account Number: 93 72 98 42
Sort Code: 20 00 00

Alternatively, you can send a cheque or make payment over the telephone with a credit/debit card. To do this please contact Marsh Ltd on 0207 178 4116.

Please ensure to include your reference number beginning SPG/C with any payment.

If an amendment to the amount of Caution is required, please speak with the Office of the Public Guardian in the first instance.

If there is an increase in Caution, no additional premium will be required until the next anniversary. Where there is a reduction, a refund may be available, we would normally advise you of this when you contact us to vary Caution.

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 is still required to maintain cover.

You should notify both Marsh and the Office of the Public Guardian of any change in address or contact details as soon as possible.

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.

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.

In the sad event this happens a new bond would be required.

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.

Yes. The Guardian(s) is 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.

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.

Legal helpline 0345 300 1899
Counselling helpline 0117 934 0105

Please note this is an advice only helpline.

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 http://www.publicguardian-scotland.gov.uk/ for further information or to view the Adults with Incapacity (Scotland) Act 2000 Codes of Practice.