Adults with incapacity
The Adults with Incapacity (Scotland) Act 2000 defines Adults with Incapacity (AWI) as those adults (people aged 16 or over) who lack capacity to take some or all decisions for themselves because of a mental disorder or an inability to communicate. We have produced the following guidance on the Act:
- Adults with Incapacity (Scotland) Act 2000: principles
- Adults with Incapacity (Scotland) Act 2000: a short guide to the Act (website archive)
- Adults with Incapacity: forms and guidance (includes codes of practice for different parts of the Act)
Legislation review
We want to ensure that those with responsibilities under the Act are fully supported to carry out their duties effectively. We are doing this by ensuring that adults with incapacity legislation, policy and practice is reviewed and current practice is improved and effective.
We consulted on the proposals to reform the Adults with Incapacity legislation in 2018. We published the consultation response analysis in August 2018.
We consulted again on proposals to reform the Adults with Incapacity legislation in 2024.
Improvements to current practice
We will progress the work we have started around improvements to practice that do not require legislation.
We are working to improve current practice by:
- revising the codes of practice to ensure that practice reflects the legislation
- promoting the use of supported decision making with the aim of maximising the autonomy and exercise of legal capacity for persons with impaired capacity, in line with the requirements of the United Nations Convention on the Rights of Persons with Disability
- developing a new scheme for supervision of guardians that will provide a robust risk based approach to this area
- providing more education and support to all those parties using the legislation
- developing guidance to improve the use of powers of attorney to ensure the will and preferences of the granter are adhered to