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.
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.
I am usually apprehensive about contacting organisations in fear of being passed pillar to post. I was delighted when I contacted Ceartas: although I didn’t need advocacy, you talked me through local services that I needed.
I can pick up the phone and advocacy support is always there, ready to listen and help me understand things better.
It's really nice to know that someone is listening to me and taking me seriously. Other people seem to think that my problems are trivial and aren't worth bothering about, but that is not true. My Advocacy Worker helped me to make my point in such a way that I couldn't be ignored, and now things are starting to improve as a result.
Thank you for your support at the last meeting. It’s great having somebody independent in my corner: not sure what I would have done or where I would be otherwise.
After waiting months, you got the ball rolling with a number of things and for that I thank you.
Absolutely thrilled with the service. I wish my family all stayed in East Dunbartonshire and could access it!
When I call Ceartas everyone is always so kind and helpful. They are all a really good group of people.
Even a ten minute chat on the phone made me feel so much better. I was becoming frustrated and annoyed at not getting what I needed from services, but talking to my Advocacy Worker kept me grounded and stopped me from losing the rag with anyone.
Thanks so much, this is almost a miracle! Can you do anything for Partick Thistle while you’re at it?
Thank you for your prompt and informative reply. It’s appreciated more than you will know.
I didn't know that there was anything I could do about my situation, let alone that I had options. I feel so much better knowing that I can turn to Ceartas for information when I need it.
I felt like I was facing a brick wall until I started receiving support and information from Ceartas. The outcome of that has led to a much better relationship with the rest of the family, and now we are all pulling in the same direction.
There is always someone there at Ceartas for me, no matter who takes the call.
It’s a really tricky role you’ve had in this case but you’ve done so effectively.
Thanks for discussing things and then sending us some information in the post: we have now started the Power of Attorney process.
I live quite a long distance away from my sister. When she needed to get some more support in place for her dementia, the information about local services and support that you were able to give me was invaluable. I can't thank you enough.