Easy Read: Proposals for changes to the Adults with Incapacity Act (AWI Act)

Adults with Incapacity Act (AWI Act)

Easy Read

The Adults with Incapacity Act or AWI Act for short is a law which allows someone to make decisions for another person.

An Act is a Bill which has been passed by Parliament to become law.

This is because the person does not have the capacity to make decisions for themselves.

Capacity means someone’s ability to understand all the information they need to make decisions.

The law allows a named person to make decisions for someone on things like their care, money, and property.

This law was made over 20 years ago.

Many people think the law needs to be updated.

The Scott Review was a report on mental health and capacity law. It recommended that a big change should be made in the way this law treats people.

The Scott Review said, this law needs to make sure that all human rights of people with learning disabilities and mental health issues are fully respected, protected and fulfilled.

Making a change to the law can take many years.

The Scott Review said changes to the Adults with Incapacity Act need to be made much sooner than this.

This is because the Adults with Incapacity Act does not always make sure people’s voices are heard.

Many people think the mental health system needs updated soon because it is too difficult to understand.

The updated system must follow the rules of the United Nations Convention on the Rights of People with Disabilities (UNCRPD).

These changes are the first step in what The Scottish Government hope will be a big update to mental health and capacity law in Scotland.

What changes are The Scottish Government planning?

The Adults with Incapacity Act (AWI Act) has rules everyone involved must follow.

The Scottish Government are saying some of the principles of the law need to be changed.

One of the proposed changes in the law is to make as much effort as possible to find out someone’s will and preferences.

Will is about their bigger goals and wishes for their life.

Preferences are about their choices in everyday situations.

The person must get as much support as possible to help them make decisions for themselves.

The AWI Act can only be used if the person cannot make decisions for themselves.

Only then can any intervention be made in a person’s life.

Intervention means doing something to help improve someone’s situation or to stop it from getting worse.

This is a big change from what the law currently says.

The Scottish Government want to know what you think about this.

They want to know, what you think is the best way to support people to make decisions for themselves?

Here Are 3 changes the Scottish Government are thinking about making:

1. People who have the capacity to make decisions can choose someone to act for them, for when they become unable to do so. This is called a power of attorney.

The law is not always clear when this can happen, so the Scottish Government are suggesting changes to the law to make this easier to understand.

2. A court can appoint someone to make decisions for an adult who cannot make them for themselves. This is called a guardianship order.

A guardianship order should only be used when it is absolutely necessary.

The Scottish Government want to make sure all other options have been tried first before a guardianship order can be given.

3. Sometimes guardianship orders are used to put a person in a place where they are unable to leave. This is called deprivation of liberty.

The Scottish Government are making the rules for this clearer and strengthening the rules to stop people from not using this law correctly.

The Scottish Government are also creating a right of appeal to make sure people have the right to challenge these decisions in court.

The Scottish Government want to know what you think about these changes.

They want to know how people can appeal this decision more easily.

If you have any other suggestions to change things for the better, please let the Scottish Government know.

These changes are just the start of what The Scottish Government hope will be much bigger changes in the law around mental health and incapacity law over the next few years.