Willowbank House

Leaflet for parents with children under the age of 16

 

If you have parental responsibilities and rights, the law permits you to make legal decisions on behalf of your child until the child reaches the age of 16. If you need to continue making legal decisions on behalf of your child after the child has reached the age of 16, you have to be legally appointed to do so.

If you wish to be appointed, it is important that you seek legal advice before your child reaches age 16.

From April 2002, under The Adults With Incapacity (Scotland) Act 2000, you may apply to the sheriff court to be appointed as a guardian for your child. A guardian may have financial and/or welfare powers to make decisions on behalf of the “incapable adult”. More than one guardian may be appointed to act for an incapable adult.

 

The definition of “incapable” is: incapable of acting or making decisions or communicating decisions or understanding decisions or retaining the memory of decisions in relation to any particular matter, by reason of mental disorder or of inability to communicate due to physical disability.

 

If you are appointed as a guardian you must comply with the principles set down in the Act.

These are:

Principle 1 – Benefit
You are not permitted to intervene in the life of the incapable adult unless you are satisfied that there is a benefit to the adult and that such benefit cannot be achieved without your intervention.

Principle 2 – Minimum Intervention
Your intervention must be the least restrictive option in relation to the freedom of the incapable adult.

Principle 3 – Take Account of the Wishes of the Adult
You must seek the views of the incapable adult, by any means possible.

Principle 4 – Consultation With Relevant Others
You must seek the views of the nearest relative, the primary carer, any person already appointed to act for the adult and any other person who appears to be relevant.

Principle 5 – Encourage the Adult to Exercise Whatever Skills he or She Has
You must encourage the adult to exercise whatever skills he or she has concerning property, financial affairs or personal welfare, and to develop new such skills.

 

Further information is available from:

  • The Office of the Public Guardian
    Callander Business Park
    Falkirk FK1 1XR
    Tel: 01324 678300
    www.scotcourts.gov.uk
  • The Mental Welfare Commission
    Argyle House
    3 Lady Lawson Street
    Edinburgh EH3 9SH
    Tel: 0131 222 6111

 

This leaflet 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 in the leaflet is correct, but accepts no responsibility for any inaccuracies.



© 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 www.camphillscotland.org.uk.
 
 
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