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Consultation: Adults with Incapacity Reform
The Scottish Government are seeking views on proposals for reform to the Adults with Incapacity (Scotland) Act 2000 (AWI).
In 2000, when the AWI act came into force, it was regarded as ground-breaking legislation, essentially a world leader in capacity legislation. For the first time, Scotland had a comprehensive regime to protect the welfare and financial rights of persons lacking in capacity.
International human rights law in this field has developed further since then and the Scottish Government need to ensure that Scotland's law remains fully fit for purpose.
The proposals relate to the following:
Change of forum for Adults with Incapacity (AWI) cases
Creation of supported decision maker role and a supported decision making scheme
Clarification of use of powers of attorney in deprivation of liberty cases
Creation of short term ‘placement order’
Clarification of the interaction between aspects of the AWI legislation and Adult Support and Protection legislation.
Scottish Ministers have committed to a review of the Adults with Incapacity legislation. Earlier consultations have suggested areas where the law needs to change. This consultation is seeking your views on these changes to ensure that any new legislation in this field takes full account of the public's view on these matters.