Adults with Incapacity

The Adults with Incapacity (Scotland) Act 2000 introduced a system for safeguarding the welfare, and managing the finances and property of adults aged 16 and over who lack capacity to act or make decisions for themselves.

There may be as many as 100,000 adults in Scotland who are incapable of managing their own welfare, financial or property matters.

This inability could be because of mental disorder or inability to communicate, and it may not be a permanent incapacity.

The Adults with Incapacity (Scotland) Act 2000 introduced a system for safeguarding the welfare and managing the finances and property of adults (aged 16 years and over) who lack capacity to act or make some or all decisions for themselves because of mental disorder or inability to communicate due to a physical condition. The legislation allows other people to make decisions on behalf of these adults, subject to safeguards.

The main groups to benefit include:

• People with dementia
• People with a learning disability
• People with an acquired brain injury or severe and chronic mental illness
• People with a severe sensory impairment

More information on Adults with Incapacity (Scotland) Act 2000, its Codes of Practice and other related matters is available to download at www.scotland.gov.uk/Topics/Justice/law/awi

Forms to be completed by NHS Highland and NHS Highland staff are also available on the Scottish Government site.