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Adults with Incapacity (Scotland) Act 2000

 

The Act changes the system for safeguarding the welfare, and managing the finances and property, of adults (aged 16 or over) who lack the capacity to take some or all decisions for themselves because of mental disorder or inability to communicate by any means. It allows other people to make decisions on behalf of these adults, subject to safeguards.

 

General principles

All decisions made on behalf of an adult with impaired capacity must:

  • benefit the adult
  • take account of the adult's wishes and the wishes of the nearest relative or primary carer, and any guardian or attorney
  • restrict the adult's freedom as little as possible while still achieving the desired benefit
  • encourage the adult to use existing skills or develop new skills

For more information, see the Adults with Incapacity (Scotland) Act 2000 website.

 

© Copyright 2002 by Camphill Scotland, and reproduced with their kind permission.

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This information about the Adults with Incapacity (Scotland) Act 2000 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. Camphill Scotland has made every effort to ensure that the information is correct, but neither Camphill Scotland or Advocacy Service Aberdeen 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. For more information, visit their website at Camphill Scotland.

 
 
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