Adults with incapacity: guide to assessing capacity

Guidance for healthcare and social work professionals.


1 Scottish Executive Social Research (2004) The Adults with Incapacity (Scotland) Act 2000 Learning from Experience.
2 Patrick, Hilary et al Mental Health, Incapacity and the Law in Scotland, Tottel Publishing, 2006
3 Adrian D Ward LL.B, Adult Incapacity (W Green, 2003), para 1.28.
4 British Institute of Learning Disabilities, Fact Sheet - person centred planning.
5 'named person' means the person nominated (under the Mental Health (Care and Treatment) (Scotland) Act 2003, by the adult to represent their interests or give their support. This is automatically the nearest relative where the person had not named someone else. This will only be the case in relation those adults who come under both the Mental Health Act and the Adults with Incapacity Act.

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