Part 4 provides for hospital and care home managers to manage the finances of patients or residents with incapacity, subject to appropriate safeguards. Part 3 sets up a new statutory scheme providing access to funds held on behalf of an adult with incapacity with appropriate safeguards. It provides for registration, monitoring and supervision of such attorneys. Part 2 clarifies the position of attorneys with financial and welfare powers who act when the granter of the power loses capacity. It also provides for codes of practice containing further guidance to those acting under the legislation. It creates the new office of Public Guardian within the Court Service. It defines the role of the authorities that will act under the legislation: the sheriff, the Mental Welfare Commission and local authorities. Part 1 gives a definition of incapacity and sets out general principles that are to apply to any intervention in the affairs of an adult under the legislation. The decisions concerned may be about the adult’s property or financial affairs, or about their personal welfare, including medical treatment. The purpose of the Act is to provide for decisions to be made on behalf of adults who lack legal capacity to do so themselves because of mental disorder or inability to communicate. So where a section or schedule, or a part of a section or schedule, does not seem to require any explanation or comment, none is given.
They are not, and are not meant to be, a comprehensive description of the Act. The Notes should be read in conjunction with the Act. They do not form part of the Act and have not been endorsed by the Parliament.Ģ. These Explanatory Notes have been prepared by the Scottish Executive in order to assist the reader of the Act. Adults with Incapacity (Scotland) Act 2000 2000 asp 4 Introductionġ.
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