Code of practice for anyone authorised under an intervention or guardianship order

Guidance for those authorised to make decisions on behalf of an adult with incapacity.

This document is part of a collection


1 Scottish Executive (2004) Adults with Incapacity (Scotland) Act Learning from Experience


3 Scottish Executive Circular CCD5/2007 Guidance for local authorities: provision of community care services to adults with incapacity.

4 National Guidance on Self-Directed Support (4 July 2007) - Annex B - 'Who can receive direct payments?'

5 Part 5 of the Act provides and qualifies a general authority under which a medical practitioner may give treatment to an adult. Where you have relevant powers, and the medical practitioner primarily responsible for the adult is aware of this, the authority to treat does not apply, except where it has not been reasonable and practicable for the doctor to obtain your consent. However, you should note that, even where you and the doctor agree, the Act gives a right to 'any person having an interest in the personal welfare of the adult' to appeal to the Court of Session about the medical treatment in question. The Act disallows placing the adult in a hospital for the treatment of mental disorder against his or her will; and consent on behalf of the adult to certain medical treatments specified in regulations.

6 Schedule 2 as introduced by section 64 of the Act is reproduced at the end of this chapter.

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