Incapacity and legal aid
6 Oct 05
Recent statutory change regarding means assessment of adults with incapacity where legal advice and assistance is applied for
The advice and assistance regulations have been amended in relation to adults with incapacity. SSI 2005/339 provides, for new cases where advice and assistance is granted on or after 1 July 2005, that the disposable income and disposable capital of incapable adults, as defined by section 1(6) of the Adults with Incapacity Act, are taken into account by the Scottish Legal Aid Board.
It has come to the attention of the Mental Health and Disability Sub-Committee that this instrument has not been as widely noted as it should be amongst the profession.