Independent Advocacy and Adults with Incapacity:

The Adults with Incapacity (Scotland) Act (2000) – the AWI Act – provides a legal framework to protect the interests of adults who are assessed as lacking the capacity to make their own decisions about their welfare, money and property.

The AWI Act assumes that all adults have the capacity to make their own decisions unless and until they are formally assessed as lacking capacity. If the adult has granted Power of Attorney prior to their assessment of incapacity, the Attorney they have appointed can act on their behalf with full legal authority.

If the adult has not granted Power of Attorney, there are a number of interventions that you can seek on their behalf:

  • The Access to Funds Scheme.
  • An Intervention Order.
  • A Guardianship Order.
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Ceartas can provide you with information about any of these interventions. Advocacy Workers are not lawyers; we are not legally trained and cannot provide you with legal advice about interventions under the AWI Act. We would be happy to help you find a solicitor who is experienced in these matters, and who is registered with the Scottish Legal Aid Board.

Ceartas can also provide you with information about Power of Attorney.

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