The Adults with Incapacity (Scotland) Act 2000 (2000 asp 4) is an

Act of the Scottish Parliament An Act of the Scottish Parliament ( gd, Achd Pàrlamaid na h-Alba) is primary legislation made by the Scottish Parliament. The power to create Acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successfu ...

. It was passed on 29 March 2000, receiving

royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...

on 9 May. It concerns the welfare of adults (the age of legal capacity in Scotland being 16) who are unable to make decisions for themselves because they have a

mental disorder A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitti ...

or are not able to communicate. It provides the framework for other people (such as carers) to act on the behalf of people with

incapacity Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or altogether the personhood itself in regard to an entity other than a natural person ( ...

. The Act was one of the first pieces of legislation passed by the

Scottish Parliament The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...

upon it being reconvened in 1999.

Content

Part 2 of the act concerns

power of attorney A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person auth ...

and provides the framework for an individual (whilst they have capacity) to appoint someone to act as their continuing (financial) or welfare attorney. Part 3 of the act concerns the accounts and funds of the adult with incapacity. It enables access to the bank or building society account of the adult with incapacity, in order to pay their costs of living. Part 4 of the act concerns the management of finances of adults with incapacity who are residents of registered establishments including health service or private hospitals, psychiatric hospitals, state hospitals and care home services. Part 5 of the act concerns medical research and treatment of adults with incapacity. It allows, under certain circumstances, medical research to be carried out on adults unable to give consent. Part 6 of the act concerns intervention orders and guardianship orders. An intervention order can be applied for by, or on behalf of, an adult with incapacity and granted by the sheriff court. It may cover welfare or financial matters. An application for a guardianship order may be made by individuals or by a local authority regarding an adult with incapacity who may have long-term needs. Part 7 of the act ("Miscellaneous") makes it an offence for an individual to wilfully

neglect In the context of caregiving, neglect is a form of abuse where the perpetrator, who is responsible for caring for someone who is unable to care for themselves, fails to do so. It can be a result of carelessness, indifference, or unwillingness and ...

an adult with incapacity.

References

;Footnotes ;Sources {{Citation , title = Adults with Incapacity (Scotland) Act 2000: A Short Guide to the Act , publisher = The Scottish Government , date = 1 April 2008 , url = http://www.scotland.gov.uk/Resource/Doc/217194/0058194.pdf , format = PDF , accessdate =29 December 2010 , ref = Shortguide Acts of the Scottish Parliament 2000 Disability law in the United Kingdom Health law in Scotland Human rights in Scotland Mental health in Scotland Mental health law in the United Kingdom Psychiatric assessment Welfare in Scotland Capacity (law) Disability in Scotland

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See also

References