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
Rule 2 – Minimum intervention
Rule 3 – Take Account of your wishes
Rule 4 – Consultation with relevant people
Rule 5 – Encourage 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.
© Copyright 2002 by Camphill Scotland, and reproduced with their kind permission.
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