Adults with incapacity | Scottish Parliament

Scottish Parliament

Scottish Parliament

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: 10/4 12:18pm

An error occured while loading, please try again in a few minutes.

Refresh

Accessibility | Cookies | Contact Us | Sitemap | Published by The Scottish Parliamentary Corporate Body

BACK TO TOP