Adults with Incapacity - Staying in Control There is a new law (it started to take effect on 1 April 2001) which helps those who may become unable to make their own decisions, to decide in advance who will make those decisions on their behalf. 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.

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. 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.

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