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Published by The Scottish Parliamentary Corporate Body
Adults with incapacity
Author: Laura Gilman
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Published: Tuesday 11 Jan 2022 (SB 22-02)
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Introduction
Definition of incapacity
Principles of the Adults with Incapacity (Scotland) Act 2000
Types of intervention
Guardianship
Powers of attorney
Intervention order
Access to funds
Benefits appointee schemes
Supervision
Office of the Public Guardian (Scotland)
The functions of the Public Guardian: an overview
The public register: in more detail
Investigations in practice
Local authorities
Mental Welfare Commission for Scotland
Courts
Supervisory powers
Power of attorney
Guardians
Appeals
Proposals for reform
The Bournewood case (2004) and Cheshire West case (2014)
The work of the Scottish Law Commission (2012-2014)
The work of the Office of the Public Guardian (2011)
The Scottish Government’s consultation in 2016
The work of the Mental Welfare Commission for Scotland (2017)
The Scottish Government's consultation in 2018
Current developments in policy and practice
The current work of the Scottish Government
Scottish Mental Health Law Review
Delayed discharge
Sources
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Scottish Government. (2019, March 1). Adults with Incapacity (Scotland) Act 2000: principles. Retrieved from
https://www.gov.scot/publications/adults-with-incapacity-act-principles/
[accessed 29 September 2021]
Office of the Public Guardian (Scotland). (2021). What is a guardianship order?. Retrieved from
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https://www.publicguardian-scotland.gov.uk/intervention-orders
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Scottish Government. (2008). Adults with incapacity: code of practice for local authorities. Retrieved from
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Mental Welfare Commission for Scotland and Centre for Mental Health and Capacity Law and Business School, Edinburgh Napier University. (2017). Scotland's Mental Health and Capacity Law: the case for reform. Retrieved from
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Scottish Government. (2018, August). Adults with Incapacity (Scotland) Act 2000 Summary and analysis of consultation responses. Retrieved from
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Last Updated: 18/4 2:19pm
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