Adults with Incapacity
The Adults with Incapacity (Scotland)Act 2000 provides ways to help safeguard the welfare and finances of people who lack capacity.
It protects adults (people aged 16 or over) who lack capacity to take some or all decisions for themselves because of a mental disorder or an inability to communicate.
It allows a person - such as a relative, friend or partner - to make decisions on someone's behalf.
The Act also lets you make arrangements for another person or persons to make decisions and manage affairs on your behalf if you lose capacity in the future. The Adults with Incapacity (Scotland) Act 2000 states that local authority have the following duties:
- to supervise anyone who has been appointed as a welfare guardian to look after the personal welfare of an adult
- to consult the Mental Welfare Commission and the Office of Public Guardian in cases or matters where there seems to be a common interest
- to investigate complaints against a welfare attorney, a welfare guardian or someone authorised under an intervention order
- to investigate where the welfare of an adult who has a mental disability or an inability to communicate appears to be at risk
- to provide information for welfare guardians, welfare attorney or people authorised under an intervention order relating to their duties under the Act
- to prepare reports for the court on applications for intervention orders about matters relating to welfare, welfare guardianshipand in combined applications for financial and welfare guardianship