Moves to simplify law to help incapable adults

Scottish Executive announces new proposals to streamline the Adults with Incapacity Act

News, 25 August 2005

The Scottish Executive has published new proposals to help simplify the Adults with Incapacity Act.

These are designed to help protect people who are unable to make decisions for themselves due to mental incapacity or severe communications difficulties. The proposals include simplifying processes and procedures where experience has shown them to be too complicated, for example, improving access to an adult's bank account to manage daily expenses.

Other possible changes are extend access to intromission with funds to organisations, to benefit individuals without family members/other individuals to act for them, and reduce the need to resort to guardianship; improvements to the system of insurance or "caution" in relation to guardianships; and adjustments to the regime for powers of attorney, including certification that the granter is of sound mind and evidencing of incapacity for the power to become effective.

Deputy Justice Minister Hugh Henry said: "It has been estimated that the Act could potentially apply to 100,000 people in Scotland and we aim to further ease the task of managing care for adults while maintaining the safeguards already in place."

More than 50 per cent of appointments under the Act are to support people with dementia.

The Act introduced a comprehensive hierarchy of provisions for making financial and welfare decisions on behalf of an adult, tailored to the level of intervention needed by the individual. It also created the new Office of the Public Guardian, responsible for registering all powers of attorney and orders under the Act, authorising access to an adult's bank account.

The consultation paper is available at http://www.scotland.gov.uk/Publications/2005/08/23175953/59538 . Comments are invited by 4 November 2005.