Scottish Government

Making decisions - your rights

• You have a right to make your own decisions if you can.
• You have a right to have help with making decisions if you need it. These might be decisions about managing your money, medical decisions or decisions about how you live your life. The law says that you must not be left disadvantaged just because you find it too difficult to make certain sorts of decisions.
• Any decisions made for you by someone else must help make your life better.
• Anyone making decisions for you must abide by the principles of the Act.
• You have a right to be involved in all decisions about your life, including an assessment or review of your support needs, and the assessment of your ability to make specific decisions.
• You can have someone you trust to attend meetings and appointments with you.
• You have a right to ask for an independent advocate if you need one.
• You have a right to information about an application by someone else to make decisions for you, and the right to object.
• You have a right to object to the sheriff against:
  - the assessment of incapacity;
  - the person who is applying to be your guardian;
  - the powers over you that are being requested;
  - your nearest relative being given confidential information about you.

• You have the right to apply to the sheriff to set aside your 'nearest relative' and have someone else in this role. (Your nearest relative has a right to give his or her views about what should happen in your life.)
• If you have a financial guardian or attorney looking after your money, and you think that something is going wrong, you can make a complaint to the Public Guardian.
• If you have a welfare attorney or guardian looking after other aspects of your life, and you think that something is going wrong, you can complain to the local authority or Mental Welfare Commission.
• There are some decisions that no-one can make for you - getting married, making a will or voting.
• You have a right not to be ill-treated or neglected.
• If your ability to make important decisions improves, you can have your guardianship order reviewed and possibly removed.