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Adults With Incapacity (Scotland) Act 2000 Part 5 Code of Practice

DescriptionCEL Letter
ISBN
Official Print Publication Date
Website Publication DateJune 13, 2008

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ISBN 978 0 7559 7143 5 (Web only publication)
This document is also available in pdf format (528k)

Contents

Covering Letter

1. INTRODUCTION
The Act
The general principles
Principle 1 - benefit
Principle 2 - minimum necessary intervention
Principle 3 - take account of the wishes of the adult
Principle 4 - consultation with relevant others
Principle 5 - encourage the adult to exercise residual capacity
Assessment of Incapacity
The term "proxy"
The role of the courts
Status of this code
The Mental Health (Care and Treatment)(Scotland) Act 2003

2. MEDICAL TREATMENT UNDER PART 5
Structure of this part of the code
The general authority to treat
Who may exercise the general authority to treat
The certificate of incapacity
Use of Treatment Plans
Seek consent of a proxy with welfare powers, where reasonable and practicable
Apply the general principles to the treatment in contemplation before the certificate is issued
Take account of the wishes of the adult
Meaning of "treatment"
Emergencies
Change of circumstances
Change of practice
Matters not covered by the general authority to treat
Treatments falling under the Mental Health (Care and Treatment) (Scotland) Act 2003
The use of force or detention
Covert medication
Treatments regulated under section 48(2)
Welfare guardians and attorneys
Where there is a criminal law prohibition
Where there is or could be a conflicting court decision
Where there exists or there is an application to appoint a proxy with powers to consent

3. DISPUTE RESOLUTION
Procedure under section 50
What if delay will put the adult at risk
Where there is no disagreement between the practitioner who issued the certificate for the purposes of section 47(1) and the proxy
Nominated Practitioners
Where there is disagreement between the practitioner who issued the certificate for the purposes of section 47(1) and the proxy
Where the Nominated Practitioner agrees with the practitioner who issued the certificate for the purposes of section 47(1)
Where the Nominated Practitioner does not agree with the practitioner who issued the certificate for the purposes of section 47(1)
The need for full and careful discussion and documentation
Where an action is taken to the Court of Session
Appeals on decisions as to medical treatment
What if the court decision conflicts with the principles of the practitioner who issued the certificate for the purposes of section 47(1)

4. AUTHORITY FOR RESEARCH
Authority for research
Emergency Research
Where no direct benefit to adult exists
The Ethics Committee

Annex 1 Statutory bodies with responsibilities under the Act
The Public Guardian
The Mental Welfare Commission
Local authorities
To investigate circumstances where personal welfare of adult at risk
To provide information and advice to those exercising welfare powers
To investigate complaints in relation to those exercising welfare powers
To consult Public Guardian and MWC
To supervise attorneys and guardians
Intervention or guardianship orders
To provide reports to the sheriff relevant to applications for intervention orders or guardianship orders relating to personal welfare
To act as welfare guardian where necessary and no-one else is applying to do so

Annex 2 Techniques covered by other parts of the Act
Power of attorney
Intromission with funds
Management of residents' finances
Intervention orders and guardianship
Situations where intimation to the adult not required

Annex 3 Certificate of Incapacity under Section 47 of the Adults with Incapacity(Scotland) Act, 2000

Annex 4 Contacts list
Documents
Statutory authorities under the Act
Contacts on specific issues referred to in the code
Contacts within the Scottish Government

Annex 5 Treatment plan for patients
Notes on completion of treatment plan
Notes on worked examples