This law is Adults with Incapacity (Scotland) Act 2000. There is a lot of detail, and provisions
for many different situations. This paper draws your attention to some situations and to the
sources of help and guidance which are available. For simplicity, this paper is addressed to 'the
adult' who is addressed as "you".
This law is useful if you sometimes need help to make important decisions or you often need
other people to help you manage things.
For example, if you want someone to be consulted on your medical
treatment - you can arrange for that person to be your 'Welfare Attorney'
when you cannot decide for yourself.
For example, if you want a friend to look after your flat
when you are too ill, you can give them a 'Power of
Attorney' and they can make payments and other
arrangements on your behalf.
The NHS Helpline can also provide a simple leaflet about the 'Adults with Incapacity (Scotland)
Act 2000'. The NHS helpline is available 8am to 10pm seven days a week.
If you have not made arrangements in advance, the new law also allows a family member or
friend to apply to a court to be appointed for the time when you are unable to make your own
decisions.
The 'Public Guardian', local councils and the Mental Welfare Commission will supervise those
who take decisions on your behalf.
The documents to make this happen need to be drawn up by a lawyer. If you wish advice on
identifying a lawyer who knows about this law, or you wish further information, then contact our
Information Officer who will guide you to get the advice which is right for you.
Adults with Incapacity - Staying in Control
The Scottish Executive has produced a leaflet 'It's your
decision' which is available from the NHS Helpline on
0800 224488. This gives a simple overview of typical
situations.
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