Legal isses

The Adults with Incapacity (Scotland) Act (2000) is the cornerstone of the law of incapacity in Scotland. It provides a coherent code of dealing with incapacity on an anticipatory or responsive basis. The act delineates roles and functions for a number of third parties such as the courts, the Office of the Public Guardian, and the local authorities all of which have a part to play in incapacity law.

Generally the Act seeks to recognise incapacity and provide a framework of law and practice which seeks to limit the disadvantages of incapacity and to protect the vulnerable. The Act sets out five governing principles which are:

1. There must be no intervention unless for the benefit of the adult - “adult” being the name used for the incapacitated person in the Act.
2. Any intervention must be the least restrictive option in relation to the freedom of the adult.
3. Account must be taken of the present and past wishes of the adult
4. Account must be take of the views of others e.g. the nearest relative or primary carer
5. Agencies must encourage the adult to exercise whatever skills he or she has with respect to property etc.