Recent Reports
Aithisgean ùra
Committee Reports
Aithisgean Chomataidh
Research Briefings
Brathan-ullachaidh Rannsachadh
Feedback
Ais-eòlas
Recent Reports
Aithisgean ùra
Committee Reports
Aithisgean Chomataidh
Research Briefings
Brathan-ullachaidh Rannsachadh
Feedback
Ais-eòlas
Published by The Scottish Parliamentary Corporate Body
Adults with incapacity
Author: Laura Gilman
SHARE
PDF
Published: Tuesday 11 Jan 2022 (SB 22-02)
Expand
Report
Hide
Hide
Report
Introduction
Definition of incapacity
Principles of the Adults with Incapacity (Scotland) Act 2000
Types of intervention
Guardianship
Powers of attorney
Intervention order
Access to funds
Benefits appointee schemes
Supervision
Office of the Public Guardian (Scotland)
The functions of the Public Guardian: an overview
The public register: in more detail
Investigations in practice
Local authorities
Mental Welfare Commission for Scotland
Courts
Supervisory powers
Power of attorney
Guardians
Appeals
Proposals for reform
The Bournewood case (2004) and Cheshire West case (2014)
The work of the Scottish Law Commission (2012-2014)
The work of the Office of the Public Guardian (2011)
The Scottish Government’s consultation in 2016
The work of the Mental Welfare Commission for Scotland (2017)
The Scottish Government's consultation in 2018
Current developments in policy and practice
The current work of the Scottish Government
Scottish Mental Health Law Review
Delayed discharge
Sources
prev
next
Scottish Government. (2019, March 1). Adults with Incapacity (Scotland) Act 2000: principles. Retrieved from
https://www.gov.scot/publications/adults-with-incapacity-act-principles/
[accessed 29 September 2021]
Office of the Public Guardian (Scotland). (2021). What is a guardianship order?. Retrieved from
https://www.publicguardian-scotland.gov.uk/guardianship-orders
Office of the Public Guardian (Scotland). (2021). What is a power of attorney?. Retrieved from
https://www.publicguardian-scotland.gov.uk/power-of-attorney
Office of the Public Guardian (Scotland). (2021). What is an intervention order?. Retrieved from
https://www.publicguardian-scotland.gov.uk/intervention-orders
Scottish Government. (2020, August 17). Acting on behalf of someone claiming benefits. Retrieved from
https://www.mygov.scot/acting-on-behalf-of-someone-claiming-benefits
[accessed 1 September 2021]
Department for Work and Pensions. (2021). Become an appointee for someone claiming benefits. Retrieved from
https://www.gov.uk/become-appointee-for-someone-claiming-benefits
Office of the Public Guardian (Scotland). (2021). Our role. Retrieved from
https://www.publicguardian-scotland.gov.uk/guardianship-orders/about-guardianship-orders/our-role
[accessed 10 October 2021]
Office of the Public Guardian (Scotland). (2021). Public Registers. Retrieved from
https://www.publicguardian-scotland.gov.uk/general/what-we-do/general-faqs
Office of the Public Guardian (Scotland). (2021). Investigations. Retrieved from
https://www.publicguardian-scotland.gov.uk/investigations
Office of the Public Guardian (Scotland). (2021). Outcome of the investigation. Retrieved from
https://www.publicguardian-scotland.gov.uk/investigations/what-we-do/step-3
Scottish Government. (2008). Adults with incapacity: code of practice for local authorities. Retrieved from
https://www.gov.scot/publications/adults-incapacity-scotland-act-2000-code-practice-local-authorities-exercising-functions-under-2000-act/pages/1/
Mental Welfare Commission for Scotland. (2021). Who we are and what we do. Retrieved from
https://www.mwcscot.org.uk/about-us/who-we-are-and-what-we-do
Office of the Public Guardian (Scotland). (2021). Changing the order. Retrieved from
https://www.publicguardian-scotland.gov.uk/guardianship-orders/following-a-guardianship-order/changing-the-terms-of-the-order
Mental Health Law Online. (2010). HL v UK 45508/99 [2004] ECHR 471. Retrieved from
https://www.mentalhealthlaw.co.uk/HL_v_UK_45508/99_(2004)_ECHR_471#:~:text=Rough%20summary%20This%20case%20is%20commonly%20known%20as,hospital%20he%20lived%20with%20carers%20for%20three%20years.
Mental Welfare Commission for Scotland. (2014, September 17). Mental Welfare Commission response to queries related to when to use s13ZA v Guardianship following the Cheshire West Supreme Court decision. Retrieved from
https://www.mwcscot.org.uk/sites/default/files/2019-07/cheshire_west_draft_guidance.pdf
[accessed 2 September 2021]
Scottish Law Commission. (2014). Report on Adults with Incapacity . Retrieved from
https://www.scotlawcom.gov.uk/files/6414/1215/2710/Report_on_Adults_with_Incapacity_-_SLC_240.pdf
Scottish Government. (2015, June 8). Letter from Paul Wheelhouse MSP, Minister for Community Safety and Legl Affairs to The Hon Lord Pentland QC. Retrieved from
https://www.scotlawcom.gov.uk/files/3314/3436/9503/Initial_response_from_the_SG_to_Report_on_Adults_with_Incapacity.pdf
[accessed 6 October 2021]
Office of the Public Guardian (Scotland). (2011). Early Deliberation on Graded Guardianship. Retrieved from
http://www.publicguardian-scotland.gov.uk/docs/librariesprovider3/guardianship
Scottish Government. (2015, December 31). Consultation on the Scottish Law Commission Report on Adults with Incapacity. Retrieved from
https://www.gov.scot/publications/consultation-scottish-law-commission-report-adults-incapacity/pages/1/
[accessed 6 October 2021]
Scottish Government. (2016, July 4). Adults with Incapacity legislation review: consultation responses analysis. Retrieved from
https://www.gov.scot/publications/analysis-response-scottish-governments-consultationon-scottish-law-commissions-review-adults/
[accessed 6 October 2021]
Scottish Government. (2016). Adults with Incapacity legislation review: consultation responses analysis. Retrieved from
https://www.gov.scot/publications/analysis-response-scottish-governments-consultationon-scottish-law-commissions-review-adults/
Mental Welfare Commission for Scotland and Centre for Mental Health and Capacity Law and Business School, Edinburgh Napier University. (2017). Scotland's Mental Health and Capacity Law: the case for reform. Retrieved from
https://www.mwcscot.org.uk/sites/default/files/2019-06/scotland_s_mental_health_and_capacity_law.pdf
Scottish Government. (2018, January 31). Adults with incapacity ( Scotland ) Act 2000: proposals for reform. Retrieved from
https://www.gov.scot/publications/adults-incapacity-scotland-act-2000-proposals-reform/pages/2/
[accessed 6 October 2021]
Scottish Government. (2018). Adults with incapacity ( Scotland ) Act 2000: proposals for reform. Retrieved from
https://www.gov.scot/publications/adults-incapacity-scotland-act-2000-proposals-reform/pages/2/
Scottish Government. (2018, August). Adults with Incapacity (Scotland) Act 2000 Summary and analysis of consultation responses. Retrieved from
https://consult.gov.scot/health-and-social-care/adults-with-incapacity-reform/results/adultswithincapacityrefor44.docx
[accessed 6 October 2021]
Scottish Government. (2018). Adults with Incpacity (Scotland) Act 2000: Summary and analysis of consultation responses. Retrieved from
https://consult.gov.scot/health-and-social-care/adults-with-incapacity-reform/results/adultswithincapacityrefor44.docx
Scottish Government . (2021). Adults with incapacity. Retrieved from
https://www.gov.scot/policies/social-care/adults-with-incapacity/#:~:text=The%20Adults%20with%20Incapacity%20(Scotland)%20Act%202000%20defines,a%20mental%20disorder%20or%20an%20inability%20to%20communicate.
Scottish Mental Health Law Review. (2020, December). Scottish Mental Health Law Review Interim Report - December 2020. Retrieved from
https://www.mentalhealthlawreview.scot/workstreams/scottish-mental-health-law-review-interim-report-december-2020/
[accessed 6 October 2021]
Scottish Mental Health Law Review. (2021). Scottish Mental Health Law Review. Retrieved from
https://www.mentalhealthlawreview.scot/
Scottish Government. (2020). Adults who lack capacity - discharge process: key actions. Retrieved from
https://www.gov.scot/publications/key-actions-managing-end-end-discharge-process-adults-lack-capacity-including-legal-measures/
Last Updated: 23/8 7:04pm
An error occured while loading, please try again in a few minutes.
Refresh
BACK TO TOP
