Adults with Incapacity
The Adults with Incapacity (Scotland) Act 2000 ( 'the Act') was one of the earliest pieces of legislation to be passed by the Scottish Parliament. It provides a framework for safeguarding the welfare and managing the finances of adults who lack capacity due to mental disorder or inability to communicate.
Guardianship is a court appointment which authorises a person to act and make decisions on behalf of an adult with incapacity. Anyone with an interest can make an application for a guardianship order. When we refer to an adult, this is someone who is aged over 16 who is not able to look after their own affairs.
Guardianship is likely to be more suitable when decisions need to be taken on an ongoing basis. We will guide you through the process of safeguarding the rights of a friend or relative so that their wishes for their remaining years are protected. Please contact us to discuss your needs further.