Options for Decision Making: The Adults with Incapacity Act (Scotland) 2000
When a child turns 16, they are considered to be an adult and the law assumes that adults are capable of making decisions and managing their own affairs. For those with certain disabilities, injuries or illnesses, this may not be realistic.
Where someone is unable to act or make, communicate, understand or remember decisions then they are considered to lack capacity. When a child turns 16 or an adult loses capacity, families often feel there should be an 'easy' way for them to take over decisions making for that person. The thought of making a formal application can be daunting. However, the procedures are there to protect everyone's rights and with good support the process is normally straighforward.
Where it appears someone requires decisions to be made for them, the Adults with Incapacity (Scotland) Act 2000 offers a range of options.
Please contact us if you would like to talk through the options.