EXECUTIVE SUMMARY
This summarises the Executive's proposals in the main body of the consultation paper for changes to the Adults with Incapacity (Scotland) Act 2000 1.
In formulating these proposals the Executive considered evidence gathered from key stakeholder groups as well as the results of an Executive-funded two-year consultancy project, which looked at the implementation and usage of the Act. The Act has been widely welcomed and in general is working well. However, Ministers, in responding last October to that report, acknowledged that changes to the Act might be required to improve accessibility and simplify procedures. Following further work with stakeholder groups, we are now clear about those areas where only legislative change will address the issues being encountered.
The changes aim to ease the task of managing the care of adults with incapacity for those families and statutory agencies responsible for such care, whilst maintaining the safeguards now in place to protect adults. In the main, the proposed changes will simplify and streamline the protections for adults with incapacity.
The main proposed improvements are as follows:
- changes to procedures to improve access to intromission with funds (Part 3) by family members and other individuals concerned with the day to day management of the adult's finances;
- changes to extend access to intromission with funds to organisations so that individuals without family members/other individuals to act for them will be able to benefit from this provision, and reduce the need to resort to guardianship;
- changes to the insurance system ('caution') surrounding guardianships and changes to improve the operation of this part of the Act;
- 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.
The paper lists a range of minor and technical amendments which we propose to take forward.
We are also seeking views on a number of issues, including the possible need for a financial guardian of last resort to cover those situations where there is no other way of meeting the adult's need for financial management.