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Adults with Incapacity Act

  • By law, if an adult is unable to make key decisions or take necessary actions to safeguard their 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 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.