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"
Further information is available from:
The
Office of the Public Guardian
Callander Business Park
Falkirk
FK1 1XR
Tel: 01324 678300
The Mental
Welfare Commission for Scotland
Argyle House
3 Lady Lawson Street
Edinburgh
EH3 9SH
Tel: 0131 222 6111
[Text-only]
on the Adults with Incapacity (Scotland) Act 2000
This new law will help you if you are unable to decide things for yourself. It wants you to have as much freedom as possible to do things for yourself.
It covers you if you are age 16 and over.
It can help with decisions about money, where you live, medical treatment and other decisions about your life.
A relative, friend or carer might be appointed to make your decisions for you.
Any person appointed must follow these rules:
Rule 1 – Benefit to you
- No one can make a decision for you unless the decision will benefit you.
Rule 2 – Minimum intervention
- No one can make a decision for you unless it is really necessary.
Rule 3 – Take Account of your wishes
- No one can make a decision for you unless they have asked you what you want to happen.
Rule 4 – Consultation with relevant people
- No one should make a decision for you unless they have asked your nearest relative or carer what they think.
Rule 5 – Encourage you to do things for yourself
- A person who makes decisions for you must help you to do things for yourself.
What sort of help can you get?
While you can still make decisions for yourself, you can sign a document called a power of attorney. This allows you to name someone you would like to take over when you can no longer make your own decisions. This can cover decisions about your money or about your personal welfare.
- If you need someone to look after your money, The Public Guardian can give a person permission to open and look after a bank account for you.
- If you are unable to make a decision about one important thing, someone can ask the court for an intervention order.
- If you need help to decide most things, someone can ask the court for a guardianship order. This can cover money or welfare decisions or both.
- If you live in a residential home and there is no one to look after your money, the manager can get permission to do this for you
If you want to discuss any of these things, please speak to your co-worker.
© 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.