Contents:
An overview of the Adults with Incapacity (Scotland) Act 2000
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]
If you are currently acting as a tutor dative or a curator bonis, The Adults With Incapacity (Scotland) Act 2000 will make important changes from April 2002.
From this date, tutors-dative and curators bonis will become guardians under the new Act but will continue with the powers originally given to them. If an incapable adult has a mental health guardian appointed under The Mental Health (Scotland) Act 1984, that person will also become a guardian under the new Act. All of these guardians will be subject to the general principles set down in the Act. These are:
Principle 1 – Benefit
- You are not permitted to intervene in the life of the incapable adult unless you are satisfied that there is a benefit to the adult and that such benefit cannot be achieved without your intervention.
Principle 2 – Minimum Intervention
- Your intervention must be the least restrictive option in relation to the freedom of the incapable adult.
Principle 3 – Take Account of the Wishes of the Adult
- You must seek the views of the incapable adult, by any means possible.
Principle 4 – Consultation With Relevant Others
- You must seek 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.
Principle 5 – Encourage the Adult to Exercise Whatever Skills he or She Has
- You must encourage the adult to exercise whatever skills he or she has concerning property, financial affairs or personal welfare, and to develop new such skills.
© 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.