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Published by The Scottish Parliamentary Corporate Body
Adults with incapacity - 2024 update
Author: Laura Haley
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Published: Tuesday 26 Nov 2024 (SB 24-54)
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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
Current developments in policy and practice
The current work of the Scottish Government
Scottish Mental Health Review and Mental Health and Capacity Reform Programme
Delayed discharge
Earlier 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
Introduction
Definition of incapacity
Principles of the Adults with Incapacity (Scotland) Act 2000
Types of intervention
Supervision
Current developments in policy and practice
Earlier proposals for reform
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
https://www.publicguardian-scotland.gov.uk/guardianship-orders
Office of the Public Guardian (Scotland). (2021). What is a power of attorney?. Retrieved from
https://www.publicguardian-scotland.gov.uk/power-of-attorney
Office of the Public Guardian (Scotland). (2021). What is an intervention order?. Retrieved from
https://www.publicguardian-scotland.gov.uk/intervention-orders
Scottish Government. (2020, August 17). Acting on behalf of someone claiming benefits. Retrieved from
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Department for Work and Pensions. (2021). Become an appointee for someone claiming benefits. Retrieved from
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https://www.publicguardian-scotland.gov.uk/general/what-we-do/general-faqs
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https://www.publicguardian-scotland.gov.uk/investigations
Office of the Public Guardian (Scotland). (2021). Outcome of the investigation. Retrieved from
https://www.publicguardian-scotland.gov.uk/investigations/what-we-do/step-3
Scottish Government. (2008). Adults with incapacity: code of practice for local authorities. Retrieved from
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Mental Welfare Commission for Scotland. (2021). Who we are and what we do. Retrieved from
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Scottish Government. (2020). Adults who lack capacity - discharge process: key actions. Retrieved from
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Mental Welfare Commission for Scotland. (2014, September 17). Mental Welfare Commission response to queries related to when to use s13ZA v Guardianship following the Cheshire West Supreme Court decision. Retrieved from
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Scottish Government. (2015, June 8). Letter from Paul Wheelhouse MSP, Minister for Community Safety and Legl Affairs to The Hon Lord Pentland QC. Retrieved from
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Office of the Public Guardian (Scotland). (2011). Early Deliberation on Graded Guardianship. Retrieved from
https://www.publicguardian-scotland.gov.uk/general/news/2017/02/13/early-deliberation-of-graded-guardianship
Scottish Government. (2015, December 31). Consultation on the Scottish Law Commission Report on Adults with Incapacity. Retrieved from
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Scottish Government. (2016, July 4). Adults with Incapacity legislation review: consultation responses analysis. 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: 29/11 9:27pm
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