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Adults with Incapacity (Scotland) Act 2000
September 2006

ISBN 0 7559 5002 X

This document is also available in pdf format (392k)

Contents

Acknowledgments

1 About this guide

2 About the Adults with Incapacity Act (Scotland) Act 2000
Who the Act can help
Making decisions
What does incapacity mean?
Summary of provisions
Principles

3 About guardianship and intervention orders
What are guardianship and intervention orders?
Who can apply for an order?
When you might consider the need for guardianship
Guardianship order - Financial powers
Guardianship order - Welfare powers
Intervention order - Financial
Intervention order - Welfare

4 What powers should I apply for?
Applying the principles
Anticipate the powers you are likely to need
Financial guardianship powers
Welfare guardianship powers
Making the right application!
Who to contact for further advice

5 A step-by-step guide to applying for an order
About the application process
Making an application yourself - steps to take
Flowchart: Making an application for an Order

6 You've been appointed - what to do next?
Informing and involving others
Contact with supervisory bodies

Appendices

Appendix 1: Reports needed to support an application for an order

Appendix 2: Legal Provisions governing guardianship orders
Caution
Direction waiving requirement for management plan
Can the adult enter into transactions without the permission of the financial guardian?
Liability and protection for third parties acting in good faith
Special provisions where guardianship relates to heritable property

Appendix 3: Examples of summary application forms
Appendix 4: Costs associated with applying for an order
Appendix 5: Useful contacts and resources
Appendix 6: Frequently Asked Questions

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