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The Adults with Incapacity (Scotland) Act 2000 (AWIA) sets out the system for protecting the welfare of adults who are unable to take decisions for themselves.
Adults are people aged 16 or over
These adults cannot make some or all decisions for themselves because of a mental disorder or inability to communicate
The AWIA allows other people to make decisions on behalf of these adults about things like arranging services, managing finances and property and medical treatment.
People who are most likely to use the AWIA include those with a learning disability, dementia, mental ill health, head injury or a physical disability that prevents a person from communicating.
The system includes safeguards and principles to ensure that any decision made on behalf of the adult:
Benefits them
Takes account of their wishes
Restricts their freedom as little as possible
Encourages them to use existing skills and develop new ones
Takes account of the views of other such as the primary carer
The main ways other people can make decisions on behalf of an adult with impaired capacity are:
Power of attorney
Access to adults’ funds
Intervention and Guardianship Orders
Medical treatment
Adults can arrange for their affairs to be managed should they be unable to make decisions for themselves in the future. They can do this by giving someone such as their carer or partner power of attorney to look after their property and financial affairs and/or to make specified decisions about their personal welfare, including medical treatment.
As a carer, you can apply to the Public Guardian to gain access to the funds of an adult who is unable to manage them. This applies to funds held in, for example, a bank or building society account in the sole name of the adult or in a joint account where one account holder has become incapable of managing funds.
If you do not have other powers – such as a power of attorney – to make decisions on behalf of the adult, you can apply for one of two types of orders:
An intervention order is for a one-off decision where short-term help is needed, for example, selling a house or signing a document.
A guardianship order is where the continuous management of affairs is needed. You can apply for a financial or welfare guardianship or both.
The AWIA allows treatment to be given to protect or promote the physical and mental health of an adult who is unable to consent. These can be for:
One-off medical treatment such as an operation or;
Ongoing treatment through, for example, their GP or dentist.
This information is intended to give only an outline of the AWIA. For detailed advice and information contact the Office of the Public Guardian on 01324 678 300 or visit their website by clicking here.
You can also find further information by clicking on the links below:
Carers Scotland also offers an comprehensive training course on the Act. The aim of the course is to provide participants with an understanding of the Adults with Incapacity Act, the background to it, and the mechanisms introduced by the Act to enable intervention to ensure the welfare of an adult with incapacity and help with managing finances.
To find out more or to book your place, click here.
Page Last Modified: 25/02/2008
