Adults with incapacity
Some adults (aged 16 or over) need help making decisions because of a mental health condition or because they cannot communicate their wishes. The Adults with Incapacity (Scotland) Act 2000 protects these people.
Understanding the law
We have published the following guides to help explain how the law works:
What’s changing
We want to improve adults with incapacity law to better protect people’s rights and dignity. We consulted on proposals in 2018 and again in 2024.
Analysis from these consultations showed that most people agreed the law needs updating. However, some people who responded raised concerns about human rights issues, with some saying we need to work out more details before making changes.
Two working groups have been set up to help support this improvement work:
- Adults with Incapacity Expert Working Group – brings together expertise to help develop detailed plans
- Adults with Incapacity Ministerial Oversight Group – chaired by the Minister for Social Care and Mental Wellbeing, will oversee and drive progress and delivery
Wider improvements to mental health law
Proposed changes to adults with incapacity legislation are part of wider improvements to mental health law in Scotland following recommendations from the Scottish Mental Health Law Review.
The focus is on helping people make their own decisions where possible and reducing situations where decisions are made for them without their agreement.
Improving practice
While we work on changing the law, we're already working to improve how the current law is applied.
This includes:
- updating codes of practice to reflect best practice
- providing more training and support for people who use the law
- helping more people make their own decisions where they can
Further information and support
If you need more information or support, you can contact the Office of the Public Guardian (Scotland) or the Mental Welfare Commission for Scotland.
You can also access online training about brain injury and the law.