Knowledge Bank

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Legislation, Policy & Guidance

Adults with Incapacity (Scotland) Act 2000

The Adults with Incapacity (Scotland) Act 2000 was passed by the Scottish Parliament on the 29th March 2000, and received Royal Assent on the 9th May. 

It provides a framework for safeguarding the welfare and managing the finances of adults who lack capacity due to mental disorder or inability to communicate. It explains what is meant by 'incapacity' and sets out the principles to be followed by everyone who is authorised to act on behalf of someone with incapacity.  It allows other people to make decisions on behalf of these adults, subject to safeguards. The main groups to benefit include people with dementia, people with a learning disability, people with an acquired brain injury or severe and chronic mental illness, and people with a severe sensory impairment.