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.
What is a Bond of Caution?
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.
How to arrange a new Bond
Marsh Legal and Protection Services has been working closely with the Office of the Public Guardian Scotland for more than 15 years. We help Financial Guardians and Interveners to arrange Bonds and our friendly team is available to provide support and answer any questions you may have.
To arrange a Bond online via our website, we simply need your contact details, the name of the vulnerable person and the amount of the Caution required. You can pay for your Bond securely online using a credit or debit card. Our secure online portal will then save all of your Bonds in one place, making it easy to manage.
If you prefer to apply for your Bond offline, simply complete our application form and then submit, and we’ll do the rest for you.
Get in touch with a Bond of Caution expert
Useful information
Please select from the links below to access more information and our application form if you prefer to apply for your Bond offline:
Here to help you
Based in Cardiff, our team of six has worked at Marsh for a combined total of more than 110 years! Our team has a wealth of knowledge and experience with the Bonds scheme. We've worked closely with the Office of the Public Guardian Scotland, the Office of Care and Protection, and more recently, the Office of the Public Guardian (England & Wales). We're always happy to help with any queries and aim to go above and beyond to help our clients.
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 0207 178 4116.
Please note “The Adult” refers to the person to whom you have been appointed as Guardian or Intervener.
Frequently Asked Questions
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The Sheriff appoints a Guardian/Intervener to look after the affairs of an Adult, who is unable to take care of their own financial 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”.
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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.
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Applications can either be made online 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/firm’s 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.
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As agreed with the Office of the Public Guardian, the initial Bond period is issued for an 18 month period so the anniversary does not run concurrently with the submission of annual accounts. This allows time for any variations in Caution to be made prior to the anniversary of the Bond.
After the initial 18 month Bond period, the anniversary of the Bond will return to every 12 months.
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A. It is a requirement of the Office of the Public Guardian that we complete a soft credit check on each lay Guardian/ Intervener. Any adverse findings are shared with the Office of the Public Guardian and the application is referred to them for further consideration.
You may also be asked to provide further information in order that we may refer the Bond to the Cautioner.
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Once a Bond has been purchased online or offline and a satisfactory soft credit check has been completed, we will notify the Office of the Public Guardian within 24 working hours.
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You can apply for a new Bond and renew an existing Bond with Marsh 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.
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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.
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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 team.
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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
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This may be because you have entered the wrong password too many times, or because this is the first time you are accessing “Your Account” since obtaining a Bond quote. In either instance simply click “Can’t access my account” on the login page and follow the instructions. Alternatively, please contact us on 0207 178 4116 or Lps.enquiries@marsh.com
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Guardians applying for a Bond who reside outside of the United Kingdom will not be able to obtain a quote through our website. You can download a blank application form from the website, complete and sign it and return to us by email to Lps.enquiries@marsh.com or by post to Legal and Protection Services, 1st Floor, Coal House East, 10 Dumfries Place, Cardiff, CF10 3RJ.
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If we have your email address, you will be sent an email reminder containing a link to your account where you can pay the annual premium online with a credit or debit card. Otherwise, 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.
Payment of the Bond premium should be paid from the Adult’s estate.
Please ensure to include your reference number beginning SPG/C with any payment.
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If an amendment to the amount of Caution is required, please speak with the Office of the Public Guardian in the first instance. Marsh can only vary the Caution amount 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.
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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.
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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.
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You should notify both Marsh and the Office of the Public Guardian of any change in address or contact details as soon as possible.
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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.
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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.
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In the sad event this happens a new Bond may be required, please contact us to discuss.
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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.
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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.
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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.
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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.
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If you have a sight impairment and would like to receive your Bond documents in a larger font, please contact us on 0207 178 4116 or email Lps.enquiries@marsh.com
Get in touch with a Bond of Caution expert or apply online