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ANNEX C: ADULTS WITH INCAPACITY (SCOTLAND) ACT
2000 GENERAL PRINCIPLES
The Act provides various methods of intervening (that
is, taking decisions or actions) on behalf of an adult.
Interventions can cover property and financial affairs, or
personal welfare matters, including health care. When
deciding whether to intervene you must always apply the
following principles:
- your in intervention must be necessary and must
benefit the adult;
- your intervention must be the minimum necessary to
achieve the purpose;
- you must take account of the adult's present and
past wishes and feelings (and you must try every
possible means of communicating with the adult to find
out what these are);
- you must take into account the views of the adult's
nearest relative and primary carer, and of any other
person with powers to intervene in the adult's affairs
or personal welfare, or with an interest in the adult,
so far as is reasonable and practicable to do so;
- you must encourage the adult to use any skills he
or she has.
(Extract from Code of Practice: For persons
authorised under intervention orders and
guardianship)
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