The following Private Client guidance note Produced in partnership with Dorothy Kellas of Gilson Gray LLP provides comprehensive and up to date legal information covering:
Forthcoming changes: On 31 January 2018, the Scottish government launched a consultation on a possible reform of the Adults with Incapacity (Scotland) Act 2000 . The proposals are intended to modernise the legislation, improve the extent to which it empowers disabled adults and simplify some of the more complex processes within the current law. The consultation closed on 30 April 2018 and the findings are being reviewed. For more information, see Adults with Incapacity ( Scotland ) Act 2000 Proposals for Reform.
This Practice Note discusses the Adults with Incapacity (Scotland) Act 2000 (AI(S)A 2000), the legislation which provides a framework for safeguarding the welfare and managing the finances of those people in Scotland who are over the age of 16 and who lack capacity due to mental illness, learning disability or a related condition, or an inability to communicate. Incapacity means not being able to act or make decisions or communicate or understand those decisions. It can also cover situations where there is difficulty retaining memory of decisions.
AI(S)A 2000 deals with the authority of the Office of the Public Guardian (Scotland) and the functions of the Mental Welfare Commission for Scotland. It also sets out the legal procedures involved in relation to a number of matters such as:
accounts and access to funds
Powers of Attorney—continuing and welfare
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