The Adults with Incapacity (Scotland) Act 2000 aims to help people (age 16 and over) who lack capacity to act or make some or all decisions for themselves. It covers people whose incapacity is caused by a mental disorder, such as dementia, learning disability, acquired brain injury, or severe mental illness.

It also covers people who are unable to communicate due to a physical condition such as a stroke or severe sensory impairment. The Act supports their carers and others in managing and safeguarding the welfare and finances of the person.

The Act introduced arrangements for making decisions about personal welfare and managing the finances and property of individuals whose capacity to make or carry out specific decisions is impaired. It allows carers and others to have authority to act and make decisions on their behalf.

The law in Scotland generally presumes that adults (those aged 16 or over) are legally capable of making personal decisions for themselves and managing their own affairs. That presumption can only be overturned on evidence that the person lacks capacity to make a decision. It is important to remember that having a diagnosis of, for example, dementia, does not mean, of itself, that the person is unable to make decisions for themselves.

Download a presentation on the Adults With Incapacity (Scotland) Act 2000.

Adults with Incapacity (Scotland) Act 2000 - Regulations that came into effect on 1 April 2008

A number of changes were made to the Adults with Incapacity (Scotland) Act 2000 by the Adult Support and Protection (Scotland) Act 2007. The Regulations provide for new, and amendments to existing, forms and certificates in relation to:

    * applications for intervention and guardianship orders
    * renewal of guardianship orders
    * recall of guardianship orders
    * registration of powers of attorney
    * revocation of powers of attorney
    * applications under new Part 3.

All forms/certificates which are required to support applications under Part 3 and 6 of the Act which will be submitted after 1 April must be in the new style.

Certificates in the current form to support registration of powers of attorney will be valid provided they are dated before 1 April. More information can be found on the Scottish Government's website and the Office of the Public Guardian (Scotland)'s website.

The Scottish Government have produced leaflets to help understand the Act. Click on the links below to download them. 

AWI - Code of Practice - A short guide to the Act

AWI - A Guide to Communication and Assessing Capacity

AWI - Code of Practice - Access to Funds

AWI - Code of Practice - For Continuing and Welfare Attorney 

AWI - Code of Practice - For persons authorised under intervention orders and guardians

AWI - Code of Practice - Guardianship and Intervention Orders - making an application - a guide for carers

AWI - Code of Practice - Guardianship and Intervention Orders - making an application - For Local Authorities exercising functions under the 2000 Act