our quick guide on how to effectively manage the funds of
an individual who lacks capacity. Includes information on
guardianship and powers of attorney.
The Adults with Incapacity (Scotland)
Act 2000 provides a framework for safeguarding the welfare and
managing the finances of adults (people aged 16 or over) who lack
capacity due to mental illness, learning disability or a related
condition, or an inability to communicate.
The Mental Welfare Commission has supervisory, investigative and
advisory duties, in relation to welfare guardianship and welfare
powers of attorney, under this Act.
By law, if an adult is unable to make key decisions or take necessary actions to safeguard his or her own welfare, a court can appoint a 'welfare guardian' to do this for them.
Information about Part 6 of the Adults with Incapacity (Scotland) Act 2000 - Financial Guardianship
A power of attorney is authority given by an individual (when they have capacity) to another person(s) to deal with aspects of the individual's affairs. This could relate to financial/property matters and/or personal welfare.
If you are ill, there may be times when you cannot consent to the medical treatment you need. The act allows you to have treatment, but there are safeguards and exceptions. Find out more here.
The Office of the Public Guardian's (OPG) role primarily relates to financial and property matters and has a range of functions under the Adults with Incapacity (Scotland) Act.
The Act aims to protect people who lack capacity to make particular decisions, but also to support their involvement in making decisions about their own lives as far as they are able to do so. Find information on the principles of the Act here.