Publication

The Adults with Incapacity (Scotland) Act 2000: Learning From Experience

Published: 28 Oct 2004

This report presents findings from a project examining the operation of Parts 2, 3 and 6 of the Act, which explored implementation, usage levels and people's experiences of using the legislations.

140 page PDF

0 B

140 page PDF

0 B

Contents
The Adults with Incapacity (Scotland) Act 2000: Learning From Experience
Page 16

140 page PDF

0 B

THE Adults with Incapacity (Scotland) Act 2000: LEARNING FROM EXPERIENCE

APPENDIX 5 PART 6 RESEARCH CASE STUDIES

A is female, aged over 76 and has dementia. She was initially considered for both welfare and financial guardianship. During the assessment it was agreed to apply for both welfare and continuing powers of attorney as alternatives to guardianship. A friend of A has taken on the role of welfare attorney and shares the role of financial attorney with a solicitor.

B is female, aged between 50 and 65, and has a diagnosis of 'other incapacity'. 21 The local authority applied for a welfare guardianship order, which was granted. The local authority acts as the welfare guardian.

C is female, aged between 26 and 50, and has a learning disability. She was initially considered for both welfare and financial guardianship. The local authority subsequently made an application for welfare guardianship and a financial intervention order. The welfare guardianship was granted but the intervention order was refused. The local authority acts as welfare guardian.

D is male, aged between 16 and 25, and has a learning disability. His nearest relatives made an application for both welfare and financial guardianship. Both applications were granted, and the relatives act as joint welfare and financial guardians.

E is female, aged between 26 and 50, and has a learning disability. The local authority made an application for welfare guardianship at the request of her nearest relative. The application was granted. E's nearest relative acts as welfare guardian.

F is male, aged between 66 and 75, and has a diagnosis of 'other incapacity'. His nearest relative made an application for welfare guardianship, which was granted. F's nearest relative acts as welfare guardian.

G is male, aged between 50 and 65, and has a diagnosis of 'other incapacity'. He was initially considered for a welfare guardianship. During the assessment alternatives to guardianship were explored, and it was agreed that it was not necessary to take any actions under Adults with Incapacity legislation to achieve the desired outcomes.

H is male, aged under 40, and has an acquired brain injury. The local authority made an application for welfare guardianship and this was granted. The local authority acts as welfare guardian.

J is male, aged between 66 and 75, and has dementia. An application was made by the local authority for a welfare guardianship and a financial intervention order. Both orders were granted. The welfare guardianship is held by the local authority. A solicitor acted as the financial intervener. A friend also holds financial power of attorney.

K is female, aged between 26 and 50, and has a learning disability. Applications were made by the local authority for welfare guardianship and a welfare intervention order. A welfare guardianship was granted. The local authority acts as her welfare guardian.

L is male and has a mental illness. Application was made by the local authority for a financial guardianship and was granted. A solicitor acts as his financial guardian.

M is female, is aged over 76, and has dementia. An application was made by the local authority for welfare guardianship and granted. Her nearest relative is her welfare guardian.

N is male, is aged over 76, and has dementia. He was initially considered for welfare guardianship. During the assessment it was agreed to apply for both welfare and financial powers of attorney as alternatives to guardianship. His nearest relative became his financial and welfare attorney. At a later stage his nearest relative made an application for financial guardianship. His nearest relative is now his financial guardian.