Please note The Learning Exchange is no longer under development, this resource may be out of date. This page is provided for archival purposes only.

Adults with Incapacity (Scotland) Act 2000

The purpose of this Act of Scottish Parliament is to provide for decisions to be made on behalf of adults who lack legal capacity to do so themselves because of mental disorder or inability to communicate. The decisions concerned may be about the adult's property or financial affairs, or about their personal welfare, including medical treatment. The Act is in 7 parts.

Part 1 gives a definition of incapacity and sets out general principles that are to apply to any intervention in the affairs of an adult under the legislation. It defines the role of the authorities that will act under the legislation: the sheriff, the Mental Welfare Commission and local authorities. It creates the new office of Public Guardian within the Court Service. It also provides for codes of practice containing further guidance to those acting under the legislation.

Part 2 clarifies the position of attorneys with financial and welfare powers who act when the granter of the power loses capacity. It provides for registration, monitoring and supervision of such attorneys.

Part 3 sets up a new statutory scheme providing access to funds held on behalf of an adult with incapacity with appropriate safeguards.

Part 4 provides for hospital and care home managers to manage the finances of patients or residents with incapacity, subject to appropriate safeguards.

Part 5 confers a statutory authority on medical practitioners and those acting under their instructions to give treatment to adults with incapacity and undertake research in certain circumstances.

Part 6 creates a new system of welfare and financial intervention orders and guardianship.

Part 7 includes various other miscellaneous provisions.

The Scottish Parliament
The Queen's Printer for Scotland