News Article

Adults With Incapacity (Scotland) Act 2000: New Codes of Practice

10.11.2011

The Scottish Government has recently published two new codes of practice relating to the Adults with Incapacity (Scotland) Act 2000.

The Act was introduced to protect individuals of 16 years plus who have incapacity. In this sense, ‘incapacity’ means someone who is unable to make, act on, communicate and retain decisions.

In Scottish law, it is assumed that people of and above 16 years old are capable of running and managing their own affairs.

However, if there is evidence of incapacity, either through a mental or physical disorder, the Adults with Incapacity (Scotland) Act 2000 allows carers and other professionals (such as a solicitor) to obtain power of attorney. An attorney then has the authority to act and make decisions upon an individual’s behalf.

Following a two year review by the Executive, changes have been made to the legislation, and revised codes of practice have been issued. This new guidance is aimed at continuing and welfare attorneys and persons authorised under intervention and guardian orders.

While the codes of practice are not statutory (and so are not legally binding) all lay people and professionals either with or seeking power of attorney must be familiar with the code and its contents. Otherwise, the suitability of a person to exercise their role as an attorney could be called into question.