Adults with incapacity reform: easy-read version of consultation

8. Who should handle Cases under Adults with Incapacity Law?

We think that adults with incapacity should be more involved in the process of picking their guardian with powers to make decisions for them. The hearings should be more welcoming and accessible to everyone who is involved.

Right now the hearings happen in the Sheriff Court. As part of our plans for graded guardianships, we need to think about the best place to deal with each grade of guardianship.

We have been asked to think about using the Mental Health Tribunal for Scotland as a place for holding guardianship hearings.

We suggest that grade 1 guardianship applications should be handled by the Office of Public Guardian ( OPG).

Then grade 2 and 3 guardianships should be held in the Sheriff Court or the Mental Health Tribunal for Scotland.

Questions:

Do you think the OPG should handle grade 1 guardianship cases?

Yes
No

Please give reasons for your answer.

Do you think the Sheriff Court should handle grade 2 and 3 guardianship cases?

Yes
No

or

Do you think the Mental Health Tribunal for Scotland should handle grade 2 and 3 guardianship cases?

Yes
No

If you have any other thoughts on who should handle the guardianship cases, please tell us in the box below: