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Adults with Incapacity - Helping a Relative or Friend

The Adults with Incapacity (Scotland) Act 2000 provides a number of ways that you can help an adult with incapacity. Before he or she became incapacitated, the adult may have chosen someone to look after his or her financial and property or welfare affairs by giving them a power of attorney.

If the adult did not set up a power of attorney for his or her financial affairs. You can apply to use money he or she may have in a bank or building society account. This is called the Access to Funds Scheme.

If the adult needs more help, or decisions must be taken that are not covered by these arrangements, you can go to court to seek an intervention order or guardianship. You can do this yourself or use a solicitor; in some cases, Legal Aid may be available.

The principles of the 2000 Act set out that the past and present wishes and feelings of the adult must be taken account of and in particular, sheriffs must take account of the adult's views as expressed by a person providing an independent advocacy service.

Page updated: Thursday, October 4, 2007