Our guidance and advice includes advice on the practical operation of mental health and incapacity law, and reflect our findings around issues in current practice.
The Commission produces a range of guidance and advice for professional staff on good practice and key considerations when restrictions are considered under mental health or incapacity legislation. Our guidance is based on issues we are frequently asked about, or encounter during our visits and other work.
The Commission is often consulted on matters relating to capacity and consent. Here we have gathered together our relevant good practice guidance and advices notes, ranging from consent to treatment to considering rights and risks in sexual relationships involving people with a mental disorder.
We are often asked about how best to respect people's rights, and have produced guidance and advice on this. Useful materials include the Rights in mind guide to patients' rights throughout their journey into and through inpatient care, and the accompanying good practice guide on human rights in mental health services. There is also more specific detailed guidance on matters ranging from supported decision-making to ensuring services are LGBT-inclusive.
Supported decision-making is an important and developing concept. Adults whose decision-making ability is affected by mental illness, learning disability, dementia or related conditions can be supported to ensure that decisions made by or about them genuinely reflect their choices. The Commission has produced guidance on this, and on working with advocacy services to support decision-making.
The Adults with Incapacity (Scotland) Act 2000 sets out ways that adults can be supported through a power of attorney, granted by them when they have capacity, or through guardianship awarded by a court. Our guidance and advice covers mainly welfare matters, with some information on financial aspects of the Act.