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Adults with Incapacity (Scotland) Act 2000:Code of Practice: For persons authorised under intervention orders and guardians

DescriptionAdults with Incapacity (Scotland) Act 2000:Code of Practice: For persons authorised under intervention orders and guardians
ISBN9780755956432
Official Print Publication DateApril 2008
Website Publication DateApril 01, 2008

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Adults with Incapacity (Scotland) Act 2000: Revised Code of Practice: For persons authorised under intervention orders and guardians

ISBN 978 0 7559 5643 2
This document is also available in pdf format (508k)

Contents

Introduction
Who the code of practice is for
Status of the code
What does this code of practice cover?
Terms used

Chapter 1: About the Adults with Incapacity (Scotland) Act 2000
Who the Act can help
What incapacity means under the Act
How the Act can help
Co-existence of the Act with other measures
Principles to be followed
Communicating with the person
Bodies involved in regulation of interveners and guardians
Provisions relating to nearest relative
Limitation of liability
How does the Act protect adults with incapacity from abuse?
Legal Aid
Further information

Chapter 2: Obtaining an intervention order
What is an intervention order?
Who can apply for an intervention order?
Circumstances in which you might wish to apply for an an intervention order
A guide to factors to consider before making an application for an order
Criteria for seeking an intervention order
Dealing with conflicts of interest
Effect of intervention order
Reimbursement of outlays
How to make an application for an intervention order (see Annex 2 for details)

Chapter 3: Exercising your powers as an intervener
Duties of interveners
Make a plan to implement the order
Records to be kept
Liability and protection for third parties acting in good faith
Notifying the OPG of change of circumstance
Supervision by the Public Guardian
Supervision by the local authority
What if there is a complaint against you?
Possible court proceedings in the event of a complaint

Chapter 4: Obtaining a guardianship order
What is a guardianship order?
Statutory requirements
Who can be a guardian?
Powers of guardian - general provisions
Effect of guardianship order
Liability and protection for third parties acting in good faith
Reimbursement and remuneration of guardian
Registration and notification of orders
A guide to factors to consider before making an application
Advisability of seeking advice - welfare guardianship
Advisability of seeking advice - finance guardianship
Criteria for seeking guardianship
Nature of guardianship order to be sought
Anticipate the powers you are likely to need
Dealing with conflicts of interest

Chapter 5: Exercising Financial Guardianship
Duties of financial guardians
General requirements of financial guardians
Make a plan to implement the order
Inventory
Management plan
Review of the adult's property and financial affairs
Obtaining specialist advice
Proposals in the management plan
Submitting the inventory and management plan
Keeping records
Ongoing functions as a financial guardian
Delegation of functions
Notifying the Public Government (Scotland) ( OPG) of change of circumstances
Holding regular review meetings
Seeking the advice of the Public Guardian
What to do when there are conflicting views on your proposals
What to do where your powers are insufficient
What if there is a complaint against you?
Appointment of an additional guardian
Reimbursement and remuneration of financial guardian
Supervision by the Public Guardian (Scotland)
Gifts
Dealing in heritable property
Text of schedule 2 of the Act

Chapter 6: Exercising Welfare Guardianship
Duties on welfare guardians
Offence of ill-treatment or wilful neglect
Reviewing arrangements and the needs of the adult
Action on receiving the certificate of appointment from
Public Guardian
Ongoing functions as a welfare guardian
Keeping records
If you think that a major decision/action needs to be taken
Recording action taken
Monitoring the adult's personal welfare
Seeking advice of the local authority and Mental Welfare
Commission
What to do when there are conflicting views on a proposed
intervention
Disagreements about medical treatment
Consent to medical research
Conflict of interest affecting you as guardian
What to do if your powers are insufficient
Power to compel co-operation by the adult
What if there is a complaint against you?
Costs of acting as a welfare guardian
Supervision by the local authority

Chapter 7: Renewal, Replacement, Termination and Transfer of Guardianship
Renewal of guardianship
Termination of guardianship
Recall of guardianship
Making an application for recall
Appeal against recall decisions
Transfer to a different local authority area (in cases where the local authority is the welfare guardian)

Chapter 8: Transitional Provisions and International Matters
Transitional provisions under the Act for Curators Bonis and Tutors
Foreign appointees and relationships with the law of other countries
Position of foreign guardians under the Act
Transfers of guardianship within the UK

Annex 1: A Guide to communicating with the person with impaired capacity

Annex 2: Applying for an intervention or guardianship order
Summary Flow Chart
Summary Application-style
Examples of Summary Applications

Annex 3: Useful addresses