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Adults with Incapacity ( Scotland ) Act 2000 Proposals for Reform

Adults with Incapacity ( Scotland ) Act 2000 Proposals for Reform

Wednesday, January 31, 2018

ISBN: 9781788515061

A consultation seeking views on proposals to reform the law that makes provision for the personal welfare, property and financial affairs of adults who are unable to make decisions on these matters for themselves by reason of incapacity.

Executive Summary

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This consultation paper seek views on proposals for reform of the Adults with Incapacity (Scotland) Act 2000. The proposals are intended to modernise the legislation, improve the extent to which it empowers disabled adults and simplify some of the more complex processes within the current law.

 

Views are sought on the creation of enhanced principles within the legislation to reflect the need for an adult to have support for the exercise of legal capacity; use of powers of attorney; creation of graded guardianship; creation of a short term placement order and the right of appeal against a residential placement; changes to authorisation for medical treatment and research.

 

The consultation also seeks views on the most appropriate forum for cases under the Adults with Incapacity legislation, how guardians should be supervised and supported, and whether there is a need for legislative provision for advance directives.