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	Adults with Incapacity (Scotland) Act 2000 Contents: An overview of the Adults with Incapacity (Scotland) Act 2000 Information for Residents Information for Co-Workers, Committee Members, Relatives and Parents Information for parents with children under the age of 16 Information for Persons Already Appointed to Act for an "Incapable Adult" Medical Consent Links Further information is available from: The Office of the Public Guardian Callander Business Park Falkirk FK1 1XR Tel: 01324 678300 Scottish Courts Service The Scottish Government The Mental Welfare Commission for Scotland Argyle House 3 Lady Lawson Street Edinburgh EH3 9SH Tel: 0131 222 6111
Baillie.org.uk » Adults with Incapacity Act » An overview of the Adults with Incapacity (Scotland) Act 2000 [Text-only]
An overview of the Adults with Incapacity (Scotland) Act 2000
This Act makes substantial changes to the law relating to people who may be legally appointed to act for an adult (aged 16 and over) who is incapable of making legal decisions for himself or herself. The Act recognizes that people have varying levels of capacity and moves away from the idea that an appointee needs to take over all decision-making. The concept of incapacity is “task specific” in that the Act requires that capacity is assessed for each intervention. If an adult has capacity to make some decisions, it is unlikely that a person will be authorized to intervene in these matters, but they may be authorized to intervene in matters where the adult is “incapable” of acting. The list of possible appointments under the Act is: A continuing attorney appointed by an individual, while capable, to manage property and/or financial affairs. This may come into effect immediately and continue after incapacity or may come into effect upon incapacity. A welfare attorney appointed by an individual, while capable, to manage welfare matters after loss of capacity. A person authorized by The Public Guardian to use the funds of an incapable adult for the benefit of that adult. A guardian who may have financial and/or welfare powers and is appointed by the sheriff. A person authorized under an intervention order (welfare and/or financial) made by the sheriff to deal with a specific issue. The managers of authorized establishments, where there is no one else to manage an adult’s finances, may be authorized to manage a resident’s finances. In addition, the Act makes provision for doctors to treat an incapable adult without consent. The provisions relating to continuing powers of attorney, welfare powers of attorney and authority to deal with funds came into force on 2nd April 2001. The provisions relating to doctors giving medical treatment without consent will come into force in July 2002. The provisions relating to guardianship orders which will replace tutors-dative, curators bonis and mental health guardians, came into force in April 2002. (Note that existing appointments became guardians from April 2002 with the powers they already had, BUT are subject to the overarching principles). The provisions relating to intervention orders came into force in April 2002. The provisions relating to management of funds by managers of establishments come into force in April 2003. The DSS appointee system is not part of The Adults With Incapacity (S) Act 2000 and will continue as before. The definition of “incapable” is: incapable of acting or making decisions or communicating decisions or understanding decisions or retaining the memory of decisions in relation to any particular matter, by reason of mental disorder or of inability to communicate due to physical disability. The Act contains general overarching principles which apply to the WHOLE act: Principle 1 – Benefit Any person intervening in the life of the incapable adult must be satisfied that there is a benefit to the adult and that such benefit cannot be achieved without the intervention. Principle 2 – Minimum Intervention The intervention must be the least restrictive option in relation to the freedom of the incapable adult. (This means that the method of intervention to be selected must be the least restrictive option and that the person who is authorized to intervene must act in the least restrictive way.) Principle 3 – Take Account of the Wishes of the Adult The views of the incapable adult must be sought, by any means possible. (If the adult can communicate by any means, it is a legal requirement to obtain the views of that adult, even if that means using an interpreter.) Principle 4 – Consultation With Relevant Others The views of the nearest relative, the primary carer, any person already appointed to act for the adult and any other person who appears to be relevant must be sought. Principle 5 – Encourage the Adult to Exercise Whatever Skills He or She Has The adult must be encouraged to exercise whatever skills he or she has concerning property, financial affairs or personal welfare, and to develop new such skills. For more information, see the Adults with Incapacity (Scotland) Act 2000 website.

© Copyright 2002 by Camphill Scotland, and reproduced with their kind permission. This information about the Adults with Incapacity (Scotland) Act 2000 was written and developed by Deborah Baillie for Camphill Scotland, who have kindly given permission for it to be used on this website. This information contains a general description of the law, but it is not intended to be a statement of the law or a substitute for proper legal advice. Both Deborah Baillie and Camphill Scotland have made every effort to ensure that the information is correct, but neither accept any responsibility for any inaccuracies. Camphill's principal role is to work with people who have special needs. For over 60 years, Camphill has recognised the different needs of individuals and has responded to requests of finding different ways to meet them, by creating a variety of communities with children, young people or adults of all ages. You can get more information about Camphill Scotland at their website: www.camphillscotland.org.uk.