Leaflet for Persons Already Appointed to Act for an Incapable Adult
If you are currently acting as a tutor dative or a curator bonis, The Adults With Incapacity (Scotland) Act 2000 will make important changes from April 2002.
From this date, tutors-dative and curators bonis will become guardians under the new Act but will continue with the powers originally given to them. If an incapable adult has a mental health guardian appointed under The Mental Health (Scotland) Act 1984, that person will also become a guardian under the new Act. All of these guardians will be subject to the general 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.
Guardians with financial powers will be subject to supervision and scrutiny by the Public Guardian. Guardians with welfare powers will be subject to supervision by the local authority and subject to scrutiny by either the local authority or the Mental Welfare Commission.
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 Scottish Executive web page: www.scotland.gov.uk/justice/incapacity
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.
Camphill Scotland
Murtle House
Bieldside
Aberdeen
AB15 9EP
www.camphillscotland.org.uk/
© 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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