Adults with incapacity: forms and guidance

Set up or renew financial or welfare powers

Use these forms and guidance to set up or renew a guardianship or intervention order. Includes forms AWI 1 to AWI 10.

• Guardianship and intervention orders: forms

End financial or welfare powers

Use these forms and guidance if you are applying to end a guardianship or intervention order. Includes forms AWI 11 to AWI 13.

• Apply to end a welfare or financial guardianship

Recall of welfare guardianship

Forms AWI 14 to AWI 19 for use by local authorities and the Mental Welfare Commission.

• Recall of welfare guardianship: forms for professionals

Forms and guidance for medical and healthcare professionals

Providing treatment

Doctors and other authorised healthcare professionals should complete the below section 47 certificate of incapacity in order to provide non-emergency treatment to an adult who lacks capacity to give or refuse consent.

Dispensing with notification

Complete the certificate to dispense with notification in cases where it would pose a serious risk to the health of an adult to notify them that their capacity is to be examined and/or that their affairs are to be managed.

• Section 47 certificate of incapacity
• Adults with incapacity: certificate to dispense with notification
• Adults with incapacity: guide to assessing capacity

Codes of practice

These codes of practice provide guidance on various aspects of adults with incapacity.

The continuing and welfare attorneys: code of practice is also available in audio format on Soundcloud.

• Adults with incapacity: code of practice for medical practitioners
• Adults with incapacity: code of practice for local authorities
• Adults with incapacity: code of practice for those authorised to access funds
• Continuing and welfare attorneys: code of practice
• Adults with incapacity: management of residents' finances: overview
• Code of practice for anyone authorised under an intervention or guardianship order

Policy documents

• Consultation on the Scottish Law Commission Report on Adults with Incapacity
• Adults with Incapacity legislation review: consultation responses analysis
• Adults with incapacity ( Scotland ) Act 2000: proposals for reform
• Adults with incapacity reform: easy-read version of consultation
• Managing self-directed support for adults with incapacity: guidance
• Self- directed support and powers of attorney: FAQ
• Coronavirus (COVID-19): adults with incapacity