Willowbank House

Information for Residents on The Adults with Incapacity (Scotland) Act 2000

 

This new law will help you if you are unable to decide things for yourself. It wants you to have as much freedom as possible to do things for yourself.

It covers you if you are age 16 and over.

It can help with decisions about money, where you live, medical treatment and other decisions about your life.

A relative, friend or carer might be appointed to make your decisions for you.

 

Any person appointed must follow these rules:

Rule 1 – Benefit to you
No one can make a decision for you unless the decision will benefit you.

Rule 2 – Minimum intervention
No one can make a decision for you unless it is really necessary.

Rule 3 – Take Account of your wishes
No one can make a decision for you unless they have asked you what you want to happen.

Rule 4 – Consultation with relevant people
No one should make a decision for you unless they have asked your nearest relative or carer what they think.

Rule 5 – Encourage you to do things for yourself
A person who makes decisions for you must help you to do things for yourself.

 

What sort of help can you get?

1. While you can still make decisions for yourself, you can sign a document called a power of attorney. This allows you to name someone you would like to take over when you can no longer make your own decisions. This can cover decisions about your money or about your personal welfare.

2. If you need someone to look after your money, The Public Guardian can give a person permission to open and look after a bank account for you.

3. If you are unable to make a decision about one important thing, someone can ask the court for an intervention order.

4. If you need help to decide most things, someone can ask the court for a guardianship order. This can cover money or welfare decisions or both.

5. If you live in a residential home and there is no one to look after your money, the manager can get permission to do this for you.

6. If you go to the doctor and you cannot agree to treatment, the doctor could ask a welfare attorney or guardian. If you do not have anyone to decide for you, the doctor can sign a piece of paper and treat you as long as it is necessary for your health.

 

If you want to discuss any of these things, please speak to your co-worker.

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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